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CODE OF BUILDING REGULATIONS TABLE OF CONTENTS

Page Chapter 17.04

BUILDING REGULATIONS – GENERAL ......................................................................... 2 Chapter 17.08

BUILDING CODE............................................................................................................ 12 Chapter 17.12

MECHANICAL CODE ..................................................................................................... 30 Chapter 17.16

HOUSING CODE ............................................................................................................ 33 Chapter 17.20

PLUMBING CODE .......................................................................................................... 36 Chapter 17.24

ELECTRICAL CODE....................................................................................................... 43 Chapter 17.26

RESERVED .................................................................................................................... 52 Chapter 17.28

GRADING CODE ............................................................................................................ 53 Chapter 17.32

FIRE CODE..................................................................................................................... 65 Chapter 17.34

WILDLAND-URBAN INTERFACE CODE ..................................................................... 102 Chapter 17.36

DANGEROUS BUILDINGS CODE ............................................................................... 113 Chapter 17.40

BUILDING RELOCATION............................................................................................. 115 Chapter 17.44

MOBILEHOMES AND ACCESSORY STRUCTURES.................................................. 125 Chapter 17.48

FLOODPLAIN MANAGEMENT..................................................................................... 129

Chapter 17.52 ENERGY CODE ........................................................................................................... 155


Chapter 17.04 BUILDING REGULATIONS – GENERAL

Sections:

17.04.010 Purpose. 17.04.020 Short title – Scope – More restrictive provisions. 17.04.030 Applicability. 17.04.040 Waiver of exemption. 17.04.050 Interpretation. 17.04.060 Definitions. 17.04.070 Enforcement authority. 17.04.080 Alternate materials and methods of construction. 17.04.090 Tests as proof of compliance or equivalency. 17.04.100 Modifications for individual cases. 17.04.110 Issuance of permit in advance of permit for main

building. 17.04.120 Access. 17.04.130 Records – Reports – Disposition of fees. 17.04.140 Regulations – Fees – Security deposits. 17.04.150 Unfinished structures and projects. 17.04.160 Powers of Board of Building Appeals. 17.04.170 Limitation of liability. 17.04.180 Permit – Expiration and extension. 17.04.190 Plan checking – Expiration and extension. 17.04.200 Violation – Penalty.

17.04.010 Purpose. The purpose of this title is to promote the public safety and welfare by the adoption of minimum building standards to be required and enforced throughout the unincorporated territory of the County of Kern. 17.04.020 Short title – Scope – More restrictive provisions. A. This title may be cited as the "Code of Building Regulations." B. This title is partially comprised of the 2007 California Code of Regulations, Title 24, also referred to as the California Building Standards Code adopted by the California Building Standards Commission, Department of Housing and Community Development of the State of California and other agencies of the State of California, that impose substantially the same requirements as are contained in recent editions of certain nationally recognized compilations of proposed regulations including the 2006 International Building Code, 2006 Uniform Plumbing Code, 2006 Uniform Mechanical Code, 2006 International Fire Code, 2005 National Electrical Code, and Appendix A1 of the International Existing Building Code, all adopted herein by reference with necessary California Amendments and such local modifications, additions and amendments as are reasonably necessary because of local climatic, geological, or topographical conditions. To facilitate ease of use by industry and building officials, certain of the amendments, additions and modifications to the regulations adopted by the California Building Standards Commission, Department of Housing and Community Development of the State of


California and other agencies of the State of California, are made by reference to the appropriate California code.

C. Nothing in the Code of Building Regulations shall be interpreted as abrogating any more restrictive requirements of Title 19, California Administrative Code, known as the Regulations of the State Fire Marshal. 17.04.030 Applicability. A. The Code of Building Regulations applies to new building construction and to the installation of new mechanical, plumbing, and electrical systems; it applies to existing construction and to existing mechanical, plumbing, and electrical systems to the extent specifically defined by the secondary codes adopted by reference into this title. B. This Code of Building Regulations shall apply, to the extent permitted by law, to all construction in the unincorporated Kern County whether owned by private persons, firms, corporations or organizations; by the United States or any of its agencies; by any county or city, including the County of Kern; or by any authority or public entity organized under the laws of the State of California. Any government agency shall be exempt from the provisions of this chapter only to the extent that such construction may not be lawfully regulated by the County of Kern. C. This Code of Building Regulations will apply to permit applications filed on and after the effective date of the ordinance from which this title derives. D. The building official may, at the option and request of the permit holder, authorize compliance with this Code of Building Regulations to projects filed for permit or under construction prior to the effective date of this ordinance. 17.04.040 Waiver of exemption. An owner or person proposing to construct a building or structure exempt from the provisions of this title may elect to waive such exemption and submit an application for permit or permits to construct a building or structure. If the permit or permits are issued and construction is undertaken thereunder, the exemption is waived, and the Code of Building Regulations shall apply to the construction. 17.04.050 Interpretation. This title shall be liberally construed to effect its purpose. If the title regulates one or more applications with dissimilar limitations or requirements, the more restrictive shall apply. 17.04.060 Definitions. For the purpose of this title, certain terms used herein or in the adopted codes, shall have the meaning given in this section, except as expressly provided otherwise in this title.

A. “Adopted code” means a “code,” as defined by subdivision (a) of Government Code Section 50022.1, including, for example, without limiting the generality of the foregoing, Title 24 of the California Administrative Code (also known as the California Building Standards Code) or any of the so-called “International and/or Uniform Codes,” or other standards adopted by reference by this title.

B. “Building official,” “administrative authority,” “plumbing official” and “chief electrical inspector” means the Director of the Resource Management Agency of the County of Kern or his authorized designee.

C. “Board of Appeals” means the Kern County Board of Building Appeals, as


established by Section 2.32.010 of the Kern County Code. D. “Building” means any structure used for support or shelter of any use or

occupancy. “Structure” means that which is built or constructed, an edifice or building of any kind or any piece of work artificially built or composed of parts joined together in some definite manner, except any mobilehome as defined in Section 18008 of the Health and Safety Code, manufactured home, as defined in Section 18007, special purpose commercial coach, as defined in Section 18012.5, and recreational vehicle, as defined in Section 18010. “Building” means and includes a structure wherein things may be grown, made, produced, kept, handled, stored, or disposed of. All appendages, accessories, apparatus, appliances, and equipment installed as part of building or structure shall be deemed to be a part thereof.

E. “Building Inspection Department” and “Department” means the Building Inspection Department and/or the Engineering and Survey Services Department, as established by Section 2.36.010 of the Kern County Code.

F. “City,” “City Clerk,” and “City Council” means the County of Kern, the County Clerk and Clerk of the Board of Supervisors, and the Board of Supervisors of the County of Kern, respectively.

G. “Director” means the Director of the Resource Management Agency of the County of Kern or his designee.

H. “Fire Chief” means the Chief of the Kern County Fire Department. I. “Mayor” means the Board of Supervisors of the County of Kern. J. “Ordinance Code” means the Ordinance Code of the County of Kern.

17.04.070 Enforcement authority.

A. The building official shall interpret, administer, and enforce this title, and for such purposes, he may appoint deputies and otherwise delegate the authority herein provided.

B. The building official shall have the power to render interpretations of this title, insofar as provisions of the Code of Building Regulations he administers may apply, and to adopt and enforce rules and supplemental regulations in order to clarify the application of its provisions. Such interpretations, rules and regulations shall be in conformance with the intent and purpose of this title.

C. Any authority of the building official involving discretion or interpretation of this title shall be exercised in a reasonable manner.

D. Any decision of the building official relating to interpretation of this title, or to alternate materials or methods of construction as mentioned in Section 17.04.080, or to tests as proof of compliance or equivalency as mentioned in Section 17.04.090, or to modifications as mentioned in Section 17.04.100, shall be subject to appeal to the Board of Building Appeals.

E. Whenever the building official or his designee has knowledge of a violation of Title 17 of this Code, he may cause a notice of intent to record a declaration of substandard property to be mailed to the owner of record of the property as shown on the last equalized assessment roll of the county or as known to the building official at the time of mailing of the notice. The notice shall state that within thirty (30) days of the date of the notice, the owner may request a meeting with the building official to present evidence that


a violation does not exist. The notice shall further describe the property and violation in detail.

Following the sending of the notice of intent to record a notice of violation and prior to recording the notice, if it is determined that no violation exists, the building official or his designee, if requested shall mail a notice of expungement to the then owner(s) of record.

In the event that a meeting is not requested and the violation has not been corrected, or in the event that after consideration of evidence it is determined by the building official, or the Board of Building Appeals or Board of Supervisors upon further appeal, that a building code violation in fact exists, the building official may record, without fee, a declaration of substandard property in the Office of the County Recorder.

Upon request, the building official or his designee shall issue the affected property owner a notice of expungement of violation upon correction of all violation(s) noticed hereunder, and upon payment of the fee established by the Board of Supervisors. The notice of expungement may be recorded by the requesting affected property owner at his or her expense in the Office of the County Recorder.

17.04.080 Alternate materials and methods of construction. A. The provisions of this title are not intended to prevent the use of any material,

appliance, installation, device, arrangement, method of construction, or work not specifically prescribed by this title, provided any proposed alternate has been approved under this section.

B. The building official may approve any alternate material, appliance, installation, device, arrangement, method of construction, or work not prescribed by this title, if he finds that the proposed design is satisfactory and that the proposed alternate is, for the purpose intended, at least the equivalent of that prescribed by this Code and by the Health and Safety Code (commencing with Section 17951) in performance, safety, and for the protection of life and health. 17.04.090 Tests as proof of compliance or equivalency. The building official shall require evidence that any material, appliance, installation, device, arrangement, method of construction, or work conforms to, or that any proposed alternate is at least equivalent to, the requirements of this title and of the Health and Safety Code in performance, safety, and for the protection of life and health; and, for such purposes, the building official may require tests to be made at the expense of the owner or his agent. Such tests shall be carried out in the manner specified by this Code or by other recognized test standards approved by the building official or, if there are none, by test procedures determined by the building official. Any such tests shall be made by a competent person, organization, or agency acceptable to the building official. Reports of such tests shall be public records. 17.04.100 Modifications for individual cases.

A. The building official may grant modifications in the applications of this title for individual cases, if he shall first find that:

1. There are practical difficulties involved in carrying out the provisions of this title;


2. A special individual reason makes the strict letter of this title impractical;

3. The modification is in conformity with the spirit and purpose of this title and of the Health and Safety Code (commencing with Section 17951); and

4. Such modification does not lessen any fire protection requirements or any degree of structural integrity. B. No modification shall be granted with respect to any public-health-related

requirement of Appendix I of the California Plumbing Code as adopted in Chapter 17.20 of this title, except in accordance with the recommendations of the Health Officer. Nothing in this paragraph shall apply to a decision of the Board of Building Appeals or the Board of Supervisors, on appeal under Section 17.04.170, as the same may relate to any such public-health-related requirement. 17.04.110 Issuance of permit in advance of permit for main building.

A. Where no building is located on a lot or parcel, no permit shall be issued for a septic system, accessory building, or temporary power pole prior to issuance of a permit for a main building to be located on the same lot or parcel. The purpose of this provision is to furnish the Planning Department with sufficient information concerning the uses, size, area of coverage, or location of any main building that will or may be constructed thereon, in relation to such septic system, accessory building, or temporary power pole.

EXCEPTIONS: Permits for temporary power poles to be used during time of construction may be issued prior to the main use being established, provided the following conditions have been met: 1. All required plans have been submitted. 2. All plan check fees, building permit fees, and any special fees have

been paid in full. B. As used in this section, certain terms are defined as follows:

1. "Accessory building" means and includes any building or structure the use of which is customarily subordinate or incidental to that of a main building or a main use of a certain kind of lot or parcel, for example, a garage or storage building.

2. "Main building" means and includes a building or structure which is customarily used to carry out the main use of a lot or parcel of a certain kind, for example, a dwelling house in the case of a lot in an R-1 (Low-density Residential) District.

3. "Main use" means and includes the principal or dominant use for which a lot or parcel of a certain kind is customarily used, for example, for dwelling purposes in the case of a lot in an R-1 (Low-density Residential) District.

4. "Temporary power pole" means and includes any pole placed for the conveyance of electrical energy for a limited period of time and is used in preparing for the main use of a certain kind of lot or parcel. C. When written approval is obtained of all property owners whose property lies

between the point of supply from the energy supplier and the temporary power pole location, the building official may permit a temporary power pole to be located within three hundred (300) feet of the project boundary if he determines that such location is required by the regulations of the energy supplier.


17.04.120 Access.

A. Access. Each parcel on which a structure is to be constructed or a mobile home placed shall be connected by means of an approved access road or roads to a public highway which is maintained by the County or other public entity or governmental agency.

B. Approved Access. Approved access shall be over permanent recorded public easements or over recorded Federal Bureau of Land Management or Forest Service easements granted for ingress and egress; however, the building official may, in the exercise of his reasonable discretion, grant a variance authorizing access over permanent, recorded private access easements.

C. Variance. The building official is authorized to approve a variance if he finds: 1. There are special circumstances affecting the parcel or its design or

improvements; and 2. The granting of the variance will not be materially detrimental to the

public welfare or injurious to other property; and 3. The granting of the variance will not be in conflict with the purposes

and objectives of this title, the purposes and objectives of the General Plan or any element thereof, or any applicable specific plan.

4. Notwithstanding the foregoing, public access shall be required for any parcel created by a recorded map having thereon a statement to the substantial effect that building permits would not be issued until the parcel had rights of public access. D. Nonrecorded Access. At the discretion of the building official, private,

nonrecorded access may be allowed to isolated communication tower sites, pump stations, and similar facilities when the owner/operator of the facility acknowledges, in writing, that they are aware there is no recorded access to the facility.

E. Appeal. 1. Any interested party who is dissatisfied with any action of the building

official with respect to a variance request may appeal to the Board of Supervisors within twenty (20) days after the date written notice of decision is given to the applicant and interested parties who have requested such notice.

2. Such appeal shall be in writing on such form as the Board of Supervisors may from time to time approve and shall be filed with the building official, accompanied by any fee as may be prescribed by resolution of the Board of Supervisors.

3. The Board of Supervisors shall hear the appeal, upon notice as provided herein, within fifteen (15) days after the filing of the appeal or at its next succeeding regular meeting after fifteen (15) days, unless the applicant consents to a continuance.

4. The Clerk of the Board shall cause notice to be given of the time and place of the hearing on the appeal at least one (1) week prior thereto, as follows:

a. By mailing or delivering a copy of the notice of hearing to the applicant, the building official, the appellant (if other than the applicant), and any other person whose written request has been filed with the Clerk; and b. By posting a copy of the notice of hearing on the bulletin board adjacent to the Chambers of the Board.

5. Within seven (7) days following the conclusion of the hearing, the


Board of Supervisors shall declare its findings and render its decision on the appeal. The Board, within its scope of authority, may sustain, modify, reject, or overrule any determination or findings of the building official and may make such findings as are not inconsistent with the provisions of this Article or any other provision of law. F. Other Code Requirements. Approved access easements shall comply with all

other requirements of this code.

17.04.130 Records – Reports – Disposition of fees. The building official shall cause to be made and filed a permanent record of each transaction of the department covered by this title. He shall account to the Board of Supervisors for permits issued and the fees collected by the department. Permit fees shall be deposited on a daily basis into the Building Inspection Fund with the County Treasurer. 17.04.140 Regulations – Fees – Security deposits.

A. Subject to approval by the Board of Supervisors, the building official may promulgate reasonable regulations to implement or facilitate inspection functions, the issuance of permits and certificates, and the other administrative and enforcement duties imposed upon him by this title.

B. Subject to approval by the Board of Supervisors, the building official may adopt and charge a reasonable schedule of fees for permits, permit renewal, plan checking, processing applications, maintenance of records, and for the performance of special services by the Planning Department or the Engineering & Survey Services Department in administering and enforcing this title. The schedule may provide for the partial refund of permit fees to applicants.

C. Penalty fees specified in this title for starting or proceeding without necessary permits shall be assessable against contractors, except for emergency work for which permits must be procured within a reasonable time not to exceed two (2) working days. In cases involving other than contractors, penalty fees may be waived by the department if action is taken to apply for and take out all necessary permits prior to referral to the investigation section of the department for action.

D. Where the permittee desires occupancy or utilities energized before the final inspection can be completed, and the building official determines that all fire protection systems are operational and no unreasonable hazard to life or property exists, he may deposit with the building official security in the amount of the building official's estimate of the cost of completion plus fifty percent (50%) for the purpose of ensuring the completion of the work and the department's overhead costs involved in processing and administration. The term "security" as used in this section means one or more of the following:

1. A bond by one (1) or more duly authorized corporate sureties; or 2. A cash deposit made with the County; or 3. An instrument of credit from one (1) or more financial institutions

subject to regulation by the State or Federal Government pledging that the funds necessary to meet the performance are on deposit and guaranteed for payment and agreeing that the funds designated by the instrument shall become trust funds for the purposes set forth in the instrument; or


4. Negotiable U.S. Treasury Certificates of the kind approved by law for security deposits of public money.

E. The security sum is to be refunded to the permittee upon completion and may be released to the depositor in two payments during the progress of the work if the deposit exceeds one thousand dollars ($1,000), and the same ratio of security is maintained on deposit for all uncompleted work. Such special permit shall be granted for a specific time period mutually agreed upon, after which if the project remains uncompleted, the building official may declare permit void, forfeit and utilize security deposit to gain compliance under provisions of this title. 17.04.150 Unfinished structures and projects. Where a structure or project remains unfinished after the permit therefore has been revoked or canceled, the owner shall, within sixty (60) days after written notice by the building official, demolish and remove the same or obtain a new permit. In order to renew action on a building permit after cancellation, the applicant shall pay a new inspection fee. In the event any modifications to the previously approved plans are proposed, the applicant shall also resubmit plans and pay a new plan review fee. 17.04.160 Powers of Board of Building Appeals.

A. The Board of Building Appeals shall hear any appeal from a decision of the building official relating to application and interpretation of this title, or alternate materials or methods of construction as mentioned in Section 17.04.080, or tests as proof of compliance or equivalency as mentioned in Section 17.04.090, or modifications for individual cases as mentioned in Section 17.04.100.

B. The authority of the Board of Building Appeals is limited to the administrative provisions of this title and does not permit waivers of any code requirements.

C. The Board shall make written findings and render a written decision on each appeal which it hears; and shall cause a copy of same to be furnished to the appellant, to the building official, and to any person requesting it.

D. The decisions of said Board shall be subject to further appeal to the Board of Supervisors, provided that a request for hearing by the Board of Supervisors is filed with the building official not later than thirty (30) days after the date the written findings and decision of the Board are placed in the mail, addressed to the appellant.

E. The Board of Supervisors shall make written findings and render a written decision on each appeal which it hears; and shall cause a copy of same to be furnished to the appellant, to the building official, and to any person requesting it. 17.04.170 Limitation of liability.

A. Neither an approval nor a permit granted by the Planning Department or the Engineering and Survey Services Department shall constitute permission or authority for or be interpreted as a waiver of violation of any statute, ordinance, or regulation.

B. Neither the County of Kern nor its officers or employees shall be liable for structural or construction defects through the administration or enforcement of this title.

C. By accepting a permit for the performance of services by the Planning Department or the Engineering and Survey Services Department, an applicant consents to the limitations of this section.


17.04.180 Permit – Expiration and extension. A. Every permit issued by the building official under the provisions of this title

shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within three hundred sixty (360) days from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of three hundred sixty (360) days. Before such work can be recommenced, a new permit shall be first obtained to do so, and the fee therefore shall be one-half (1/2) the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work, and provided further that such suspension or abandonment has not exceeded one (1) year after the expiration of the permit.

B. Engineered grading permits issued under the provisions of this title, in addition to the requirements of Subsection (A) of this section, when certified by the engineer of record, pursuant to Section 17.28.170 of this title, that the work has not been suspended or abandoned for the previous three hundred sixty (360) day period, shall expire three and one-half (3 1/2) years after issuance.

C. Notwithstanding any other provisions of this title, permits other than grading permits issued under the provisions of this title, shall expire five (5) years after the date of issuance. Annual extensions may be granted by the building official after payment of an additional fee for each annual or portion thereof extension.

D. Any permittee holding an unexpired permit may apply for an extension of the time within which he may commence work under that permit when he is unable to commence work within the time required by this section for good and satisfactory reasons. The building official may extend the time for action by the permittee, for a period not exceeding one hundred eighty (180) days, upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. No permit shall be extended more than once. In the event of cancellation of a building permit, permittee is not entitled to a return of any fee previously paid for the permit. 17.04.190 Plan checking – Expiration and extension.

A. Applications for which no permit is issued within three hundred sixty (360) days following the date of application shall expire by limitation, and plans and other data submitted for checking may thereafter be returned to the applicant or destroyed by the building official.

B. The building official may extend the time for action by the applicant for a period not exceeding one hundred eighty (180) days upon request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No application shall be extended more than once. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan check fee.

17.04.200 Violation – Penalty.

A. Any person who violates or who causes permits or allows the violation of any provision of this title (including codes which have been adopted by reference) shall be deemed guilty of a misdemeanor. The building official, Kern County Planning Department or the Kern County Health Officer in enforcing this title may cause criminal complaints to be issued for the violation of any section of this title, including any of the codes adopted by


reference herein. Each day that violation of any such provision continues shall be considered a separate offense.

B. Any structure, construction, or installation that is undertaken or permitted to continue in violation of any provision of this title is a public nuisance and may be abated by the building official.

C. Any act declared by this title to be a misdemeanor shall be punishable, upon conviction thereof, by fine of not exceeding One Thousand Dollars ($1,000) or by imprisonment in the Kern County Jail for not exceeding six (6) months, or by both such fine and imprisonment.

D. Whenever a violation of this chapter occurs or is alleged to have occurred, any person may file a complaint with the building official stating fully the causes and basis thereof. The complaint shall be investigated, and such action thereon as provided by this chapter taken as deemed appropriate.

E. The building official may, upon the presentation of proper credentials to the occupant or owner, enter any premises, building, or structure at any reasonable time for the purpose of investigating and inspecting said premises, building, or structure to determine if the same are being used in compliance with the provisions of this title (including codes which have been adopted by reference). If admission or entry is refused, the building official may apply to obtain an inspection warrant.


Chapter 17.08 BUILDING CODE

Sections:

17.08.010 Short title. 17.08.020 Applicability. 17.08.030 California Building Code – Adopted. 17.08.040 California Building Code – Provisions not adopted. 17.08.050 California Building Code – Amendments – General. 17.08.060 Appendix Chapter 1, Section 105.2 amended – Work exempt from

permit. 17.08.065 Appendix Chapter 1, Section 106.3.1 amended – approval of

construction documents. 17.08.070 Appendix Chapter 1, Section 108.2.1, 108.2.2 added – Permit fees

– Plan review fees. 17.08.075 Appendix Chapter 1, Section 109.2.2 added – Inspection record

card. 17.08.080 Appendix Chapter 1, Section 109.3.3 amended – Lowest floor

elevation. 17.08.081 Appendix Chapter 1, Section 109.3.5 amended – Lath and

gypsum board inspection. 17.08.085 Appendix Chapter 1, Section 109.5.1 added – Reinspections. 17.08.090 Section 406.1.4 amended – Separation. 17.08.095 Section 504.2 amended – Automatic sprinkler system increase. 17.08.096 Section 506.3 amended – Automatic sprinkler system increase. 17.08.097 Section 506.4 amended – Area determination. 17.08.098 Section 506.4.1 amended – Mixed occupancies. 17.08.099 Section 801.1.3 amended B Applicability. 17.08.100 Section 903.2.1 amended – Group A. 17.08.101 Section 903.2.1.1 amended B Group A. 17.08.102 Section 903.2.1.2 deleted B Group A-2. 17.08.103 Section 903.2.1.3 deleted B Group A-3. 17.08.104 Section 903.2.1.4 deleted B Group A-4. 17.08.105 Section 903.2.2 amended B Group E. 17.08.106 Section 903.2.3 amended B Group F. 17.08.107 Section 903.2.6 amended B Groups M and B. 17.08.108 Section 903.2.7 amended B Group R. 17.08.109 Section 903.2.8 amended B Group S. 17.08.110 Section 903.2.10.3 amended B Multi-story buildings. 17.08.111 Section 903.3.1.2.2 added – Attic area of Group R. 17.08.112 Section 903.3.7 added – Fire sprinkler control room. 17.08.113 Section 903.6 added – Existing buildings. 17.08.114 Section 907.20 added – Fire alarm control room. 17.08.115 Section 1203.3.2 amended – Exceptions. 17.08.116 Section 1403.5 amended – Flood resistance. 17.08.120 Section 1510.1 amended – General.


17.08.124 Section 1603.1 amended – General 17.08.125 Section 1603.1.6 deleted – Flood design data. 17.08.126 Table 1607.1 amended – Minimum uniformly distributed live

loads and minimum concentrated loads. 17.08.130 Section 1608.2 amended – Ground snow loads. 17.08.135 Section 1609.3 amended – Basic wind speed. 17.08.140 Figure 1609.1 added – Kern County Basic Wind Speed. 17.08.145 Section 1612 amended – Geological or flood hazard. 17.08.150 Section 1704.2.2 and 1704.7 amended – Fabricator approval –

Soils. 17.08.155 Section 1803.3 amended – Site Grading. 17.08.156 Section 1803.4 amended – Grading and fill in flood hazard areas. 17.08.160 Section 1805.4 amended – Footings. 17.08.165 Table 1805.4.2 amended – Footings supporting walls of light

frame construction. 17.08.170 Section 1807.1.2.1 amended – Flood hazard areas. 17.08.180 Section 1908.1.15 amended – ACI 318, Section 22.10.1. 17.08.190 Section 2305.3.11 amended – Sill plate size and anchorage in

Seismic Design Category D, E, or F. 17.08.195 Section 2308.6 amended – Foundation plates or sills. 17.08.200 Section 3001.2 amended – Reference Standards. 17.08.205 Section 3403.1.1 amended – Flood hazard areas. 17.08.206 Section 3407.2 amended – Flood hazard areas. 17.08.207 Section 3410.2.4.1 amended – Flood hazard areas.

17.08.010 Short title. This chapter may be cited as the "Kern County Building Code." 17.08.020 Applicability. This chapter shall apply to the construction, erection, enlargement, alteration, repair, moving, improvement, removing, conversion, demolition, and use and occupancy of every building and structure in the unincorporated territory of the County of Kern, excepting those exempted therefrom. 17.08.030 California Building Code – Adopted. That portion of the California Building Standards Code, 2007 edition, with appendices and standards as modified and amended by this chapter, is adopted by this reference into the Kern County Building Code. Additions and modifications to the California Building Standards Code (made by this Chapter) are made by reference to the appropriate section of the California Building Code. 17.08.040 California Building Code – Provisions not adopted. The following provisions of the California Building Code, 2007 Edition, are not adopted as part of this chapter and shall not apply thereto:


Appendix Chapters A. Chapter 1, Section 101.4 Referenced Codes B. Chapter 1, Section 103 Department of Building Safety C. Chapter 1, Section 104 Duties and Powers of Building Official D. Chapter 1, Section 105.3.2 Time limitation of application E. Chapter 1, Section 105.5 Expiration F. Chapter 1, Section 106.3.2 Previous approvals G. Chapter 1, Section 108.3 Building permit valuations H. Chapter 1, Section 108.4 Work commencing before permit issuance I. Appendix A, Employee Qualifications J. Appendix B, Board of Appeals K. Appendix D, Fire Districts L. Appendix F, Rodentproofing M. Appendix G, Flood-Resistant Construction N. Appendix H, Signs O. Appendix J, Grading

17.08.050 California Building Code – Amendments – General. The following sections of the California Building Code, 2007 Edition, are amended to read as set out in Sections 17.08.060 through 17.08.207 of this chapter. 17.08.060 Appendix Chapter 1, Section 105.2 amended – Work exempt from

permit. A. Appendix Chapter 1, Section 105.2 of the California Building Code is

amended to read as follows:

Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following:

Building 1. One-story residential detached accessory buildings used as tool and

storage sheds, playhouses, and similar uses, provided the floor area does not exceed 120 square feet (11m2).

2. Fences not over six (6) feet (1829mm) high. 3. Accepted oilfield activities, except where construction is part of a

cogeneration facility, as follows: a. Tanks which meet API or AWWA standards and are supported

directly upon grade (grade being the final ground surface elevation of the site prior to installation of the tank) with associated foundations if the ratio of height to diameter or width in the shortest direction does not exceed two to one. This also includes the associated equipment such as piping, walkways, stairs, guardrails, handrails and ladders which are covered by the Occupational Safety and Health Administration (OSHA).

b. Processing equipment and pressure vessels which meet API, ASME or ANSI standards and are supported directly upon grade (grade


being the final ground surface elevation of the site prior to installation of the equipment or vessel) with associated foundations if the ratio of height to width in the shortest direction does not exceed one and one-half to one. This also includes the associated equipment such as piping, walkways, stairs, guardrails, handrails and ladders which are covered by OSHA.

c. Miscellaneous equipment which meets API, ASME or ANSI standards and is mounted on skids or supported on flanges. Placement of this equipment on an at-grade concrete slab or similar foundation, without attaching it for structural support to the same is considered part of the exempted activity.

d. Flatwork or non-supporting concrete slabs. e. One-story detached accessory buildings which do not contain a

work station and are used as storage sheds, typically unattended control or electrical enclosures or gauging sheds, provided the floor area does not exceed 120 square feet (11m2).

f. Oil derricks, artificial lift equipment and associated foundations. g. Pipe racks and associated foundations, if the structure height

does not exceed 8 feet (2438mm). h. Process piping. i. Oilfield containment walls not over four feet (1219mm)

measured from the bottom of the footing to the top of the wall. Exemption from a building permit does not abrogate the responsibility

for obtaining clearance or permits from any other entity having jurisdiction over oil field activities. 4. Retaining walls that are not over four feet (1219 mm) in height

measured from the bottom of the footing to the top of the wall. EXCEPTIONS: a. Supporting a surcharge or impounding Class I, II or III-A

liquids. b. Walls retaining soils within a 2:1 (horizontal to vertical) slope of

the lowest finished grade at property line shall be constructed from 6-inch minimum nominal thickness masonry or concrete, unless a permitted retaining wall or otherwise exempt retaining wall is protecting the property line. Other construction materials may be approved on a case by case basis by the building official.

5. Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons (18927L) and the ratio of height to diameter or width does not exceed two to one.

6. Platforms, walks, and driveways not more than 30 inches (762mm) above grade and not over any basement or story below, and are not part of an accessible route.

7. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.

8. Temporary motion picture, television, and theater stage sets and scenery.


9. Prefabricated swimming pools accessory to a Group R, Division 3 Occupancy that are less than 24 inches deep in which the pool walls are entirely above the adjacent grade and if the capacity does not exceed 5,000 gallons (18927L). Requirements for pool barriers, alarms, safety glazing, etc. still apply.

10. Shade cloth structures constructed for nursery or agricultural purposes, not including service systems.

11. Swings and other playground equipment accessory to detached one and two family dwellings.

12. Window awnings supported by an exterior wall of Group R, Division 3, and Group U Occupancies when projecting not more than 54 inches (1372mm).

13. Nonfixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches (1753 mm) in height.

Unless otherwise exempted, separate plumbing, electrical, and mechanical permits will be required for the above-exempted items.

17.08.065 Appendix Chapter 1 Section 106.3.1 amended – Approval of

construction documents. Appendix Chapter 1, Section 106.3.1 is amended by replacing the first sentence to read as follows:

106.3.1 Approval of construction documents. When the building official issues a permit, the construction documents shall be approved, in writing or by stamp, as “Approved.” The remainder of the paragraph remains unchanged. 17.08.070 Appendix Chapter 1, Sections 108.2.1, 108.2.2 added – Permit fees –

Plan review fees. A. Appendix Chapter 1, Section 108.2.1 of the California Building Code is added

to read as follows: 108.2.1 Permit Fees. A fee for each building permit, including a related plan

review fee, shall be paid to the building official, as established by the Board of Supervisors and as set by Board Resolution.

The determination of value or valuation under any of the provisions of this Code shall be made by the building official. The valuation to be used in computing the permit and plan review fees shall be the total value of all construction work for which the permit is issued, as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire extinguishing systems, and any other permanent work or permanent equipment.

Where work for which a permit is required by this Code is started or proceeded with prior to obtaining said permit, the fees specified by Board of Supervisors Resolution shall be doubled, but the payment of such double fee shall not relieve any persons from fully complying with the requirements of this Code in the execution of the work nor from any other penalties prescribed herein.


B. Appendix Chapter 1, Section 108.2.2 of the California Building Code is added to read as follows:

108.2.2 Plan Review Fees. If a plan is required to be submitted under Appendix 1, Section 106.1, a plan review and administrative fee shall be paid to the building official at the time the plans and specifications are submitted for review. The fees shall be established by the Board of Supervisors and set by Board Resolution. Where plans are incomplete or changed so as to require additional plan review, or the project involves deferred submittal items as defined in Appendix 1, Section 106.3.4.2, an additional plan review fee may be charged. 17.08.075 Appendix Chapter 1, Section 109.1.2 added – Inspection record card. Appendix Chapter 1, Section 109.1.2 of the California Building Code is added to read as follows:

109.1.2 Inspection record card. Work requiring a permit shall not be commenced until the permit holder or an agent of the permit holder shall have posted or otherwise made available an inspection record card such as to allow the building official to conveniently make the required entries thereon regarding inspection of the work. The card shall be maintained available by the permit holder until final approval has been granted by the building official. 17.08.080 Appendix Chapter 1, Section 109.3.3 amended – Lowest floor elevation. Appendix Chapter 1, Section 109.3.3 is amended to read as follows:

109.3.3 Lowest floor elevation. In flood hazard areas, upon placement of the lowest floor, including the basement, and prior to further vertical construction, the elevation certificate required in Chapter 17.48 shall be submitted to the building official. 17.08.081 Appendix Chapter 1, Section 109.3.5 amended – Lath and gypsum

board inspection. Appendix Chapter 1, Section 109.3.5 is amended to read as follows:

109.3.5 Lath and gypsum board inspection. Lath and gypsum board inspections shall be made after lathing and gypsum board, interior and exterior, is in place, but before any plastering is applied or gypsum board joints and fasteners are taped and finished. 17.08.085 Appendix 1, Section 109.5.1 added – Reinspections. Appendix Chapter 1, Section 109.5.1 of the California Building Code is added to read as follows:

109.5.1 Reinspections. A reinspection fee may be assessed for each inspection or reinspection when such portion of work for which inspection is called is not complete or when corrections called for are not made. Reinspection fees may also be assessed when the inspection record card is not posted or otherwise available on the work site, the approved plans are not readily available to the inspector, for failure to provide


access on the date for which the inspection is requested, or for deviating from the plans requiring approval of the building official.

The fee for each reinspection shall be established by the Board of Supervisors and as set by Board Resolution, and shall be paid prior to any additional inspections. 17.08.090 Section 406.1.4 amended – Separation. Section 406.1.4 of the California Building Code is amended by replacing the first sentence of item 1 to read as follows:

1. The private garage shall be separated from the dwelling unit and its attic area by means of a minimum of 5/8-inch Type X gypsum board or equivalent applied to the garage side. The remainder of this paragraph remains unchanged. 17.08.095 Section 504.2 amended – Automatic sprinkler system increase. Section 504.2 of the California Building Code is amended to read as follows:

504.2 Automatic sprinkler system increase. Where a building is equipped throughout with an approved automatic sprinkler system in accordance with Section 903.3.1.1, the value specified in Table 503 for maximum height is increased by 20 feet (6096 mm) and the maximum number of stories is increased by one. Increases are permitted in addition to the area increase in accordance with Section 506.2. These increases are not permitted in addition to the area increase in accordance with Section 506.3. For Group R-2 buildings of Type VA construction equipped throughout with an approved automatic sprinkler system in accordance with Section 903.3.1.1, the value specified in Table 503 for maximum height is increased by 20 feet (6096 mm) and the maximum number of stories is increased by one, but shall not exceed 60 feet (18 288 mm) or four stories, respectively, these increases are permitted in addition to the area increase in accordance with Section 506.3.

EXCEPTIONS: 1. Fire areas with an occupancy in Group I-2 of Type IIB, III, IV or V

construction. 2. Fire areas with an occupancy in Group H-1, H-2, H-3 or H-5. 3. Fire-resistance rating substitution in accordance with Table 601, Note

e. 4. [SFM] Fire areas with an occupancy in Group L. 5. [SFM] Fire areas with an occupancy in licensed Group I-1 and R-4.

17.08.096 Section 506.3 amended – Automatic sprinkler system increase. Section 506.3 of the California Building Code is amended to read as follows:

506.3 Automatic sprinkler system increase. Where a building is equipped throughout with an approved automatic sprinkler system in accordance with Section


903.3.1.1, the area limitation in Table 503 is permitted to be increased by an additional 200 percent (Is = 2) for buildings with more than one story above grade plane and an additional 300 percent (Is = 3) for buildings with no more than one story above grade plane. These increases are not permitted in addition to the height and story increases in accordance with Section 504.2. For Group R-2 buildings of Type VA construction equipped throughout with an approved automatic sprinkler system in accordance with Section 903.3.1.1, these increases are permitted in addition to the height increase in accordance with Section 504.2.

EXCEPTIONS: The area limitation increases shall not be permitted for the following conditions:

1. The automatic sprinkler system increase shall not apply to buildings with an occupancy in Use Group H-1.

2. The automatic sprinkler system increase shall not apply to the floor area of an occupancy in Use Group H-2 or H-3. For mixed-use buildings containing such occupancies, the allowable area shall be calculated in accordance with Section 508.3.3.2, with the sprinkler increase applicable only to the portions of the building not classified as Use Group H-2 or H-3.

3. Fire-resistance rating substitution in accordance with Table 601, Note e.

4. [SFM] The automatic sprinkler system increase shall not apply to Group L occupancies.

17.08.097 Section 506.4 amended – Area determination. Section 506.4 of the California Building Code is amended to read as follows:

506.4 Area determination. The maximum area of a building with more than one story above grade plane shall be determined by multiplying the allowable area of the first story (Aa), as determined in Section 506.1, by the number of stories above grade plane as listed below:

1. For buildings with two or more stories above grade plane, multiply by 2;

2. No story shall exceed the allowable area per story (Aa), as determined in Section 506.1, for the occupancies on that story.

EXCEPTION: Unlimited area buildings in accordance with Section 507.

17.08.098 Section 506.4.1 amended – Mixed occupancies. Section 506.4.1 of the California Building Code is amended to read as follows:

506.4.1 Mixed occupancies. In buildings with mixed occupancies, the allowable area per story (Aa) shall be based on the most restrictive provisions for each occupancy when the mixed occupancies are treated according to Section 508.3.2. When the occupancies are treated according to Section 508.3.3 as separated occupancies, the maximum total building area shall be such that the sum of the ratios for each such area on


all floors as calculated according to Section 508.3.3.2 shall not exceed 2 for buildings two stories or higher. 17.08.099 Section 801.1.3 amended B Applicability. Section 801.1.3of the California Building Code is amended to read as follows:

801.1.3 Applicability. For buildings in flood hazard areas as established in 17.48.080, interior finishes, trim, and decorative materials below the design flood elevation shall be flood-damage resistant materials. 17.08.100 Section 903.2.1 amended B Group A. Section 903.2.1 California Building Code is amended to read as follows:

903.2.1 Group A. An automatic sprinkler system shall be provided throughout buildings and portions thereof used as Group A occupancies as provided in this section. For Group A-1, A-2, A-3, and A-4 occupancies, the automatic sprinkler system shall be provided throughout the entire building containing a Group A-1, A-2, A-3 or A-4 occupancy. For Group A-5 occupancies, the automatic sprinkler system shall be provided in the spaces indicated in Section 903.2.1.5. 17.08.101 Section 903.2.1.1 amended B Group A. Section 903.2.1.1 of the California Building Code is amended to read as follows:

903.2.1.1 Groups A-1, A-2, A-3 and A-4. An automatic sprinkler system shall be provided for Group A-1, A-2, A-3 and A-4 occupancies.

EXCEPTIONS: 1. Areas used exclusively as participant sports areas where the main

floor area is located at the same level as the level of exit discharge of the main entrance and exit.

2. Conference rooms of less than 1,000 square feet (93 m2) when located in another occupancy Group.

17.08.102 Section 903.2.1.2 deleted – Group A-2. Section 903.2.1.2 of the California Building Code is deleted. 17.08.103 Section 903.2.1.3 deleted – Group A-3. Section 903.2.1.3 of the California Building Code is deleted. 17.08.104 Section 903.2.1.4 deleted B Group A-4. Section 903.2.1.4 of the California Building Code is deleted. 17.08.105 Section 903.2.2 amended B Group E. Section 903.2.2 of the California Building Code is amended to read as follows:

903.2.2 Group E. Except as provided for in Sections 903.2.2.1 for a new public school campus and 907.2.3.6.1 (fire alarm and detection) for modernization of an


existing public school campus building(s), an automatic sprinkler system shall be provided for Group E occupancies as follows:

1. Throughout all Group E fire areas greater than 10,000 square feet

(929 m2) in area. 2. Throughout every portion of educational buildings below the level of

exit discharge.

EXCEPTION: An automatic sprinkler system is not required in any fire area or area below the level of exit discharge where every classroom throughout the building has at least one exterior exit door at ground level.

3. In rooms or areas with special hazards such as laboratories, vocational

shops and other such areas where hazardous materials in exempt amounts are used or stored.

903.2.2.1 Public schools – Automatic sprinkler system requirements.

903.2.2.1.1 New public school campus. A State Fire Marshal approved

automatic sprinkler system shall be provided on all new public school campus as defined in section 202 and maintained in accordance with this code and Chapter 45 of the Kern County Fire Code. See Section 907.2.3.6 for automatic detection requirements and “ceiling-plenum” spaces.

903.2.2.1.2 Permanent portable buildings. A portable building that is used

to serve or house students and is certified, as a permanent building on a new public school campus by the public school administration shall comply with the requirements of Section 903.2.2.1.1.

903.2.2.1.3 Fire-resistive substitution for new campus. A new public

school campus as defined in Section 202 shall be entitled to include in the design and construction documents all of the applicable fire-resistive construction substitutions as permitted by the California Building Code.

17.08.106 Section 903.2.3 amended B Group F. Section 903.2.3 of the California Building Code is amended to read as follows:

903.2.3 Group F. An automatic sprinkler system shall be provided

throughout all buildings containing a Group F occupancy where one of the following conditions exists:

1. Where a Group F fire area exceeds 10,000 square feet (929 m2); 2. Where a Group F fire area is located more than three stories above

grade plane; or 3. Where the combined area of all Group F fire areas on all floors,

including any mezzanines, exceeds 24,000 square feet (2230 m2).


903.2.3.1 Woodworking operations. An automatic sprinkler system shall be provided throughout all Group F-1 occupancy fire areas that contain woodworking operations in excess of 2,500 square feet in area (232 m2) which generate finely divided combustible waste or which use finely divided combustible materials.

17.08.107 Section 903.2.6 amended B Groups M and B. Section 903.2.6 of the California Building Code is amended to read as follows:

903.2.6 Groups M and B. An automatic sprinkler system shall be provided

throughout buildings containing a Group M or B occupancy where one of the following conditions exists:

1. Where a Group M or B fire area exceeds 10,000 square feet (929 m2); 2. Where a Group M or B fire area is located more than three stories

above grade plane; or 3. Where the combined area of all Group M or B fire areas on all floors,

including any mezzanines, exceeds 24,000 square feet (2230 m2). 903.2.6.1 High-piled storage. An automatic sprinkler system shall be

provided as required in Chapter 23 of the Kern County Fire Code in all buildings of Group M where storage of merchandise is in high-piled or rack storage arrays.

17.08.108 Section 903.2.7 amended B Group R. Section 903.2.7, Exception 1, of the California Building Code is amended to read as follows:

1. Detached one- and two-family dwellings and multiple single-family dwellings (town houses) not more than three stories above grade plane in height with a separate means of egress, unless specifically required by other sections of this code, or classified as Group R-4, or in excess of 10,000 square feet of fire area. 17.08.109 Section 903.2.8 amended B Group S. Section 903.2.8 of the California Building Code is amended to read as follows:

903.2.8 Group S. An automatic sprinkler system shall be provided throughout all buildings containing a Group S occupancy where one of the following conditions exists:

1. A Group S fire area exceeds 10,000 square feet (929 m2); 2. A Group S fire area is located more than three stories above grade

plane; or 3. The combined area of all Group S fire areas on all floors, including any

mezzanines, exceeds 24,000 square feet (2230 m2). 903.2.8.1 Repair garages. An automatic sprinkler system shall be provided

throughout all buildings used as repair garages in accordance with the Kern County Building Code, as follows:

1. Buildings with a fire area containing a repair garage exceeding 10,000 square feet (929 m2).


2. Buildings with a repair garage servicing vehicles parked in the basement.

903.2.8.2 Bulk storage of tires. Buildings and structures where the area for

the storage of tires exceeds 20,000 cubic feet (566 m3) shall be equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1.

17.08.110 Section 903.2.10.3 amended B Multi-story buildings. Section 903.2.10.3 of the California Building Code is amended to read as follows:

903.2.10.3 Multi-story Buildings. An automatic sprinkler system shall be installed throughout buildings more than 3 stories in height or with a floor level having an occupant load of 30 or more that is located 55 feet (16 764 mm) or more above the lowest level of fire department vehicle access.

EXCEPTIONS: 1. Airport control towers. 2. Open parking structures.

17.08.111 Section 903.3.1.2.2 added – Attic area of Group R. Section 903.3.1.2.2 of the California Building Code is added to read as follows:

903.3.1.2.2 Attic areas of Group R. Sprinkler protection shall be provided within attic areas of Group R occupancies more than two stories in height. Sprinkler spacing and design in the attic areas shall be as required for attic areas in accordance with 903.3.1.1. 17.08.112 Section 903.3.7 added – Fire sprinkler control room. Section 903.3.7 of the California Building Code is added to read as follows:

903.3.7 Fire sprinkler control room. When an automatic fire sprinkler system is installed in a building constructed for multiple tenants and the system protects multiple tenant spaces, the main controls, risers, gauges and appurtenances shall be located in an attached room or enclosure with access only from an exterior door which has a minimum size of 3’0” wide and 6’8” high. The equipment required to be in the fire sprinkler control room shall be located in the fire alarm control room when one is required in accordance with Section 907.20. 17.08.113 Section 903.6 added – Existing buildings. Section 903.6 of the California Building Code is added to read as follows:

903.6.2 Existing buildings. An automatic sprinkler system shall be installed in existing buildings as follows:

1. When the floor area of an existing building is increased by twenty-five

(25) percent or more, and the total floor area exceeds ten thousand (10,000) square


feet (929 m2) before or after the addition, an automatic sprinkler system shall be installed throughout the entire building.

EXCEPTIONS: 1. When the increase in floor area is less than twenty-five percent

(25%) of the existing floor area, this section does not apply. 2. Where a fire wall of 4 hour fire-resistive construction without

openings is installed to separate the new and existing portions of the building, only the new portion need comply.

2. When the assembly occupant load of an existing building is increased

by fifty (50) percent or more, and the assembly occupant load exceeds fifty (50) people before or after the addition, an automatic sprinkler system shall be installed throughout the entire building.

17.08.114 Section 907.20 added – Fire alarm control room. Section 907.20 of the California Building Code is added to read as follows:

907.20 Fire alarm control room. When a fire alarm system is installed in a building constructed for multiple tenants and the system protects multiple tenant spaces, the fire alarm control panel and appurtenances shall be located in an attached room or enclosure with access only from an exterior door which has a minimum size of 3’0” wide and 6’8” high. The equipment required to be in the fire alarm control room shall be located in the fire sprinkler control room when one is required in accordance with Section 903.3.7. 17.08.115 Section 1203.3.2 amended – Exceptions. Item 5 of Section 1203.3.2 of the California Building Code is amended to read as follows:

5. For buildings in flood hazard areas as established in 17.48.080, the openings for under-floor ventilation shall be deemed as meeting the flood opening requirements of ASCE 24 provided that the ventilation openings are designed and installed in accordance with ASCE 24. 17.08.116 Section 1403.5 amended – Flood resistance. Section 1403.5 of the California Building Code is amended to read as follows:

1403.5 Flood resistance. For buildings in flood hazard areas as established in 17.48.080, exterior walls extending below the design flood elevation shall be resistant to water damage. Wood shall be pressure-preservative treated in accordance with AWPA U1 for the species, product and end use using a preservative listed in Section 4 of AWPA U1 or decay-resistant heart-wood of redwood, black locust or cedar. 17.08.120 Section 1510.1 amended – General.

A. Section 1510.1 of the California Building Code is amended by adding a paragraph to read as follows:


Where the reroofing is less than thirty percent (30%) of the roof area and less than fifteen hundred (1500) square feet for Group R, Division 3 Occupancies, building permits for the reroofing are not necessary.

B. Section 1510.3 of the California Building Code is amended by adding the following paragraph:

New roof covering shall not be applied without first obtaining a permit and written approval from the building official. A final inspection and approval shall be obtained from the building official when reroofing is completed. The building official shall limit the number of layers which may be applied to the roof without stripping the existing roofing consistent with the California Building Code.

17.08.124 Section 1603.1 amended – General. Item #5 of the exception in Section 1603.1 of the California Building Code is deleted. 17.08.125 Section 1603.1.6 deleted – Flood design data. Section 1603.1.6 of the California Building Code is deleted. 17.08.126 Table 1607.1 amended – Minimum Uniformly Distributed Live Loads and

Minimum Concentrated Live Loads. Table 1607.1, Line 6 of item 28 of the California Building Code is revised to read as follows:

Habitable attics and sleeping areas – 40 psf The remainder of item 28 of this table remains unchanged.

17.08.130 Section 1608.2 amended – Ground snow loads. Section 1608.2 of the California Building Code is amended by adding the following paragraph:

Ground snow loads are based on site elevations as follows: Elevation (feet) Ground Snow Load pg (psf) <3500 0 3500 - 4000 20 4000 - 5000 30 5000 - 6000 40 6000 - 7000 60 7000 - 8000 80

17.08.135 Section 1609.3 amended – Basic wind speed. Section 1609.3 of the California Building Code is amended by adding the following paragraph:


The minimum basic wind speed, in mph, for the determination of wind loads shall be determined by Figure 1609.1 “Kern County Basic Wind Speed.” Where terrain features and local records indicate that fifty (50) year wind speeds at standard height are higher than those shown in Figure 1609.1, these higher values shall be the minimum basic wind speed.

17.08.140 Chapter 16, Figure 1609.1 added – Kern County Basic Wind Speed. A new Figure 1609.1 is added to Chapter 16 of the California Building Code as found at the end of this Chapter. 17.08.145 Section 1612 amended – Geological or Flood Hazard. Section 1612 of the California Building Code is amended to read as follows:

Section 1612 Geological or Flood Hazard. If, in the opinion of the building official, a structure to be used for human habitation or occupancy is proposed to be located such that it would be subject to geological or flood hazard to the extent that it would endanger human life safety, a permit to construct shall be denied, unless corrective work satisfactory to the building official can be done to eliminate or sufficiently reduce the hazard. No structures shall be permitted where expressly prohibited under Title 19 of the Kern County Ordinance Code or Chapter 17.48 of this code.

The building official, in formulating his opinion as to the extent of the hazard, may take into consideration such data as is available from federal, state, and local agencies, and other County departments having information and knowledge relative to such hazardous conditions. He may require applicants to furnish geological and/or engineering studies, reports, and recommendations for corrective work sufficient to establish the safety of the proposed structure, and for which a qualified registered geologist or engineer shall assume full responsibility. 17.08.150 Section 1704.2.2 amended – Fabricator Approval.

Section 1704.7 amended – Soils.

A. Section 1704.2.2 of the California Building Code is amended by adding a paragraph to read as follows:

EXCEPTION: The building official may accept fabricators approved by other authorized agencies

B. Section 1704.7 of the California Building Code is amended by adding a

paragraph to read as follows:

During earthwork excavations, grading and filling operations, the special inspector shall determine that proper materials and procedures are used to satisfy requirements of Chapter 18 of this code and Chapter 17.28 of this title.

17.08.155 Section 1803.3 amended – Site Grading. Section 1803.3 of the California Building Code is amended to read as follows:


1803.3 Site Grading. The ground immediately adjacent to the foundation shall be sloped away from the building at a slope of not less than a 2 percent slope for a minimum distance of 10 feet (3048 mm)measured perpendicular to the face of the wall. If physical obstructions or lot lines prohibit 10 feet (3048 mm) of horizontal distance, a 2 percent slope shall be provided to an approved alternate method of diverting water away from the foundation. Swales used for this purpose shall be sloped a minimum of 1 percent where located within 10 feet (3048 mm) of the building foundation. Impervious surfaces within 10 feet (3048 mm) shall be sloped a minimum of 1percent away from the building.

EXCEPTION: Where climatic or soil conditions warrant, the slope of the ground away from the building foundation is permitted to be reduced to not less than 1 percent.

The procedure used to establish the final ground level adjacent to the

foundation shall account for additional settlement of backfill. 17.08.156 Section 1803.4 amended – Grading and fill in flood hazard areas. Section 1803.3 of the California Building Code is amended to read as follows:

1803.4 Grading and fill in flood hazard areas. In flood hazard areas established in Section 17.48.080 of the Kern County Code of Building Regulations, grading and/or fill shall not be approved:

1. Unless such fill is placed, compacted and sloped to minimize shifting, slumping and erosion during the rise and fall of flood water and, as applicable wave action.

2. In floodways, unless it has been demonstrated through hydrologic and hydraulic analysis performed by a registered design professional in accordance with standard engineering practice that the proposed grading or fill or both will not result in any increase in the flood levels during the occurrence of the base flood discharge.

3. Where design flood elevations are specified but floodways have not been designated, unless it has been demonstrated that the cumulative effect of the proposed flood hazard area encroachment, when combined with all other existing and anticipated flood hazard area encroachments, will not increase the base flood elevation more than 1 foot (305 mm) at any point

17.08.160 Section 1805.4 amended – Footings. Section 1805.4 of the California Building Code is amended by adding the following exception:

EXCEPTION: A one-story wood or metal-framed building not used for human occupancy and not over 200 square feet in floor area may be constructed with walls supported on a wood foundation plate when approved by the building official.

17.08.165 Table 1805.4.2 amended – Footings Supporting Walls of Light Frame

Construction. Footnote “d” of Table 1805.4.2 of the California Building Code is amended to read as follows:


See Section 1908 for additional requirements for footings of structures assigned to Seismic Design Category C, D, E, or F. Continuous footings shall be provided with a minimum of one No. 4 bar top and bottom. 17.08.170 Section 1807.1.2.1 amended – Flood hazard areas. Section 1807.1.2.1 of the California Building Code is amended to read as follows:

1807.1.2.1 Flood hazard areas. For buildings and structures in flood hazard areas as established in Section 17.48.080 of the Kern County Code of Building Regulations, the finished ground level of an under-floor space such as a crawl space shall be equal to or higher than the outside finished ground level on at least one side of the structure. 17.08.180 Section 1908.1.15 amended – ACI 318, Section 22.10.1 Section 1908.1.15 of the California Building Code is amended to read as follows:

22.10.1 – Structures assigned to Seismic Design Category C, D, E or F shall not have elements of structural plain concrete. 17.08.190 Section 2305.3.11 amended – Sill plate size and anchorage in Seismic

Design Category D, E or F. The first sentence of Section 2305.3.11 of the California Building Code is amended to read as follows:

2305.3.11 Sill plate size and anchorage in Seismic Design Category D, E or F. Anchor bolts for shear walls shall be not less than 5/8 inch (15.9 mm) diameter steel bolts and shall include steel plate washers, a minimum of 0.229 inch by 3 inches by 3 inches (5.82 mm by 76 mm by 76 mm) in size, between the sill plate and nut. 17.08.195 Section 2308.6 amended – Foundation plates or sills. Section 2308.6 of the California Building Code is amended by adding a sentence at the end of the first paragraph to read as follows: Foundation plates or sills of structures in Seismic Design Category D, E, or F shall be bolted or anchored to the foundation with not less than 5/8-inch (15.9 mm) steel bolts or approved anchors. 17.08.200 Section 3001.2 amended – Reference standards. Section 3001.2 of the California Building Code is amended to read as follows:

3001.2 Reference standards. Except as otherwise provide for in this code, the design, construction, installation, alteration, repair and maintenance of elevators and conveying systems and their components shall conform to ASME A17.1, ASME A90.1, ASME B20.1 and ASCE 24 for construction in flood hazard areas established in Section 17.48.080 of the Kern County Code of Building Regulations.


17.08.205 Section 3403.1.1 amended – Flood hazard areas. Section 3403.1.1 of the California Building Code is amended to read as follows:

3403.1.1 Flood hazard areas. For buildings and structures in flood hazard areas established in Section 17.48.080 of the Kern County Code of Building Regulations any additions, alterations or repairs that constitute a substantial improvement of the existing structure, as defined in Section 17.48.060 of the Kern County Code of Building Regulations shall comply with the flood design requirements for new construction, and all aspects of the existing structure shall be brought into compliance with the requirements for new construction for flood design. 17.08.206 Section 3407.2 amended – Flood hazard areas. Section 3407.2 of the California Building Code is amended to read as follows:

3407.2 Flood hazard areas. Within flood hazard areas established in accordance with Section 17.48.080 of the Kern County Code of Building Regulations where the work proposed constitutes substantial improvement as defined in Section 17.48.060 of the Kern County Code of Building Regulations the building shall be brought into conformance with Section 17.48 of the Kern County Code of Building Regulations. 17.08.207 Section 3410.2.4.1 amended – Flood hazard areas. Section 3410.2.4.1 of the California Building Code is amended to read as follows:

3410.2.4.1 Flood hazard areas. For existing buildings located in flood hazard areas established in Section 17.48.080 of the Kern County Code of Building Regulations, if alterations and repairs constitute substantial improvement of the exist building, the existing building shall be brought into compliance with the requirements for new construction for flood design.

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Chapter 17.12 MECHANICAL CODE

Sections:

17.12.010 Short title. 17.12.020 California Mechanical Code – adopted. 17.12.030 California Mechanical Code – Provisions not adopted. 17.12.040 California Mechanical Code – amendments – Generally. 17.12.050 Appendix Chapter 1, Section 112 amended – Permits. 17.12.060 Appendix Chapter 1, Section 115 amended – Fees. 17.12.070 Appendix Chapter 1, Section 116.6 amended – Reinspections. 17.12.080 Chapter 2 amended – Definitions. 17.12.090 Section 304.6 amended – L.P.G. Appliances. 17.12.100 Section 1311.3.2 amended – Connections.

17.12.010 Short title. This chapter may be cited as the "Kern County Mechanical Code." 17.12.020 California Mechanical Code – Adopted. That portion of the California Mechanical Code, 2007 edition, with appendices and standards as modified and amended by this chapter, is adopted by this reference into the Kern County Mechanical Code. To facilitate ease of use by industry and building officials, amendments, additions and modifications to the California Building Standards Code (made by this Chapter) are made by reference to the appropriate section of the California Mechanical Code. 17.12.030 California Mechanical Code – Provisions not adopted. The following provisions of the California Mechanical Code, 2007 Edition, are not adopted as part of the Kern County Mechanical Code, and shall not apply thereto:

A. Appendix Chapter 1, Section 110 – Board of Appeals (see Section 17.04.160 of this title);

B. Appendix Chapter 1, Section 114 – Expiration of Permit; C. Appendix Chapter 1, Section 115.4 – Expiration of Plan Review; D. Appendix Chapter 1, Section 115.5 – Investigation Fees: Work Without A

Permit; E. Appendix Chapter 1, Sections 115.6 – Fee Refunds; F. Table 1-A – Mechanical Permit Fees

17.12.040 California Mechanical Code – Amendments – Generally. The following sections of the California Mechanical Code, 2007 Edition, are modified to read as set out in Sections 17.12.050 through 17.12.100 of this chapter. 17.12.050 Appendix Chapter 1, Section 112.1 amended – Permits. Appendix 1, Section 112.1 of the California Mechanical Code is amended to read as follows:


Permits Required. No person, firm, corporation, owner of the land, or possessor shall install, alter, reconstruct, or repair any heating, ventilating, comfort cooling, or refrigeration equipment in the County, cause or allow the same to be done unless a permit therefore has been obtained from the building official, except as otherwise provided in this Code.

No person, firm, corporation, owner of the land, or possessor shall maintain any altered, reconstructed, or repaired heating, ventilating, comfort cooling, or refrigeration equipment for which no permit has been issued by the building official, except as otherwise provided in this Code. 17.12.060 Appendix Chapter 1, Sections 115.2 and 115.3 amended – Fees.

A. Appendix Chapter 1, Section 115.2 of the California Mechanical Code is amended to read as follows:

Permit Fees. The determination of value or valuation under any of the provisions of this Code shall be made by the building official. The valuation to be used in computing the permit and plan-check fees shall be the total value of all construction work for which the permit is issued, as well as all finish work, painting, roofing, electrical, plumbing, permanent heating, air conditioning, elevators, fire extinguishing systems, and any other work or permanent equipment.

Where work for which a permit is required by this Code is started or proceeded with prior to obtaining said permit, the fees specified by Board of Supervisors' resolution shall be doubled, but the payment of such double fee shall not relieve any persons from fully complying with the requirements of this Code in the execution of the work nor from any other penalties prescribed herein.

B. Appendix Chapter 1, Section 115.3 of the California Mechanical Code is amended to read as follows:

Plan Review Fees. If a plan is required to be submitted under Section 113.2, a plan-checking fee shall be paid to the building official at the time the plans and specifications are submitted for checking. The fee shall be established by the Board of Supervisors and set forth by Board Resolution. Where plans are incomplete or changed so as to require additional plan-checking, an additional plan-check fee may be charged. 17.12.070 Appendix Chapter 1, Section 116.6 amended – Reinspections. Appendix Chapter 1, Section 116.6 of the California Mechanical Code is amended to read as follows: The fee for each reinspection shall be established by the Board of Supervisors and as set by Board Resolution. 17.12.080 Chapter 2 amended – Definitions. Chapter 2 of the California Mechanical Code is amended by changing or adding certain definitions as follows:


A. Section 204: “Building Code” means the Kern County Building Code as adopted by the

Code of Building Regulations. “Building Official” means the director of the Resource Management Agency of

the County of Kern in his capacity as building official or his authorized designee. B. Section 217:

“Occupancy” means the purpose for which a building or part thereof is used or designed or intended to be used, and for the purpose of the Kern County Mechanical Code, occupancy classifications shall be defined in Chapter 3 in the California Building Code, as adopted in Chapter 17.08 of this title. 17.12.090 Section 304.7 amended – L.P.G. Appliances. Section 304.7of the California Mechanical Code is amended to read as follows:

LPG Appliances – Liquefied petroleum gas burning appliances shall not be installed in a pit, basement, attic, or similar location where heavier than air gas might collect. Appliances so fueled shall not be installed in the attic, above-grade under-floor space or basement unless such location is provided with an approved means for removal of unburned gas. 17.12.100 Section 1311.3.2 amended – Connections. Section 1311.3.2 of the California Mechanical Code is amended to read as follows:

1311.3.2 Connections. Where gas piping is to be concealed, unions, tubing fittings, ground joint unions, bushings, swing joints, and compression couplings made by combinations of fittings shall not be used. Connections shall be of the following type: [NFPA 54: 7.3.2]

(1) Pipe fittings such as elbows, tees, and couplings. (2) Joining tubing by brazing (see Section 1309.5.8.2). (3) Fittings listed for use in concealed spaces that have been

demonstrated to sustain, without leakage, any forces due to temperature expansion or contraction, vibration, or fatigue based on their geographic location, application, or operation.

(4) Where necessary to insert fittings in gas pipe that has been installed in a concealed location, the pipe shall be reconnected by welding, flanges, or the use of a right and left coupling to prevent loosening by vibration.


Chapter 17.16 HOUSING CODE

Sections:

17.16.010 Short title. 17.16.020 Uniform Housing Code – Adopted. 17.16.030 Uniform Housing Code – Provisions not adopted. 17.16.040 Chapter 3 amended – Permits and inspections. 17.16.050 Section 401 amended – Definitions. 17.16.060 Section 1001 amended – Substandard buildings. 17.16.070 Section 1201.1 amended – Form of appeal.

17.16.010 Short title. This Chapter may be cited as the “Kern County Housing Code.” 17.16.020 Uniform Housing Code – Adopted. That portion of the Uniform Housing Code, 1997 Edition (with appendices and standards adopted and copyrighted by the International Conference of Building Officials), as modified and amended by this chapter, is adopted by this reference into the Kern County Housing Code. To facilitate ease of use by industry and building officials, amendments, additions and modifications are made by reference to the appropriate section of the Uniform Housing Code. 17.16.030 Uniform Housing Code – Provisions not adopted. The following provisions of the Uniform Housing Code, 1997 Edition, are not adopted as part of the Kern County Housing Code and shall not apply thereto:

Section 203 Housing Advisory and Appeals Board; Section 302 Fees; Section 303 Inspection.

17.16.040 Chapter 3 amended – Permits and inspections. Chapter 3 of the Uniform Housing Code is amended to read as follows:

Chapter 3 PERMITS AND INSPECTIONS

Section 301. In cases of erection, construction, enlargement, alteration, repair, moving,

improvement, conversion, or demolition of any building or structure for purposes of conforming with this Code, a permit shall be obtained therefore, and it shall be carried out and completed and shall be subject to inspection and approval, all in accordance with the Kern County Building Code. 17.16.050 Section 401 amended – Definitions. Section 401 of the Uniform Housing Code is amended by changing or adding certain definitions as follows:


A. Definitions added.

“Building official” is added and shall mean the Director of the Resource Management Agency, in his capacity as building official or his designee, under any other adopted code, is necessarily intended.

“Public Official” shall mean the building official, Health Officer or designees. B. Definitions amended.

“Building Code” shall mean the Kern County Building Code, as adopted by the Code of Building Regulations.

“Health Officer” shall mean the Health Officer of the County of Kern, or a designated representative.

“Mechanical Code” shall mean the Kern County Mechanical Code, as adopted by the Code of Building Regulations. 17.16.060 Section 1001 amended – Substandard buildings.

A. Section 1001.1 of the Uniform Housing Code is amended in conformity with Section 17920.3 of the Health and Safety Code by adding a paragraph to read as follows:

A condition which would require displacement of sound walls or ceilings to meet height, length, or width requirements for ceilings, rooms, and dwelling units shall not by itself be considered sufficient existence of dangerous conditions making a building a substandard building, unless the building was constructed, altered, or converted in violation of such requirements in effect at the time of construction, alteration, or conversion.

B. Section 1001.5 of the Uniform Housing Code is amended in conformity with Section 17920.3 of the Health and Safety Code to read as follows:

1001.5 Hazardous Wiring. All wiring, except that which conformed with all applicable laws in effect at the time of installation if it is currently in good and safe condition and working properly.

C. Section 1001.6 of the Uniform Housing Code is amended in conformity with Section 17920.3 of the Health and Safety Code to read as follows:

1001.6 Hazardous Plumbing. All plumbing, except that which conformed with all applicable laws in effect at the time of installation and which has been maintained in good condition, or which may not have conformed with all applicable laws in effect at the time of installation but is currently in good and safe condition and working properly, and which is free of cross connections and siphonage between fixtures.

D. Section 1001.7 of the Uniform Housing Code is amended in conformity with Section 17920.3 of the Health and Safety Code to read as follows:

1001.7 Hazardous Mechanical Equipment. All mechanical equipment, including vents, except that which conformed with all applicable laws in effect at the time of installation and which has been maintained in good and safe condition, or which may not


have conformed with all applicable laws in effect at the time of installation but is currently in good and safe condition and working properly.

E. Section 1001.15 is added to the Uniform Housing Code in conformity with Section 17920.3 of the Health and Safety Code to read as follows:

1001.15 Earthquake and Wind Hazards. Inadequate structural resistance to horizontal forces. 17.16.070 Section 1201.1 amended – Form of appeal. Paragraph 1 of Section 1201.1 of the Uniform Housing Code is amended to read as follows:

1. A heading in the words: “Before the Public Official”.


Chapter 17.20 PLUMBING CODE

Sections:

17.20.010 Short title. 17.20.020 Applicability. 17.20.030 California Plumbing Code – Adopted. 17.20.040 California Plumbing Code – Provisions not adopted. 17.20.050 California Plumbing Code – Amendments – Generally. 17.20.060 Appendix Chapter 1, Section 103.1.1 amended – Permits

required. 17.20.070 Appendix Chapter 1, Section 103.3.4 amended – Expiration. 17.20.080 Appendix Chapter 1, Section 103.4, 103.4.2, 103.4.3, 1203.4.4,

103.4.5 amended – Permit fees – Plan review fees – Expiration of plan review – Investigation fees – Fee refunds.

17.20.090 Section 202.0 amended – Administrative authority. 17.20.100 Table 4-1 amended – Minimum Plumbing Fixtures. 17.20.110 Section 419.0 added – Recreational vehicle sanitation stations. 17.20.120 Section 508.4.1 added – Water heater floor support. 17.20.130 Section 605.9 added – Valve Insulation. 17.20.140 Section 609.3 amended. 17.20.145 Section 1211.3.2 amended – Connections. 17.20.150 Table K-1 amended – Location of sewage disposal system. 17.20.160 Appendix M added – Swimming pool, spa and hot tub code. 17.20.165 Appendix I amended – Installation Standard 20-2005. 17.20.170 Appendix K, Section K1 amended – Private sewage disposal –

General. 17.20.180 Appendix K. Section K6(i) amended – Disposal fields. 17.20.190 Appendix K, Section K7 amended – Seepage pits.

17.20.010 Short title. This chapter may be cited as the "Kern County Plumbing Code." 17.20.020 Applicability. The Kern County Plumbing Code shall apply to new construction, relocated buildings, and to any alterations, repairs, or reconstruction of buildings in the unincorporated territory of the County of Kern. 17.20.030 California Plumbing Code – Adopted. That portion of the California Plumbing Code, 2007 edition with appendices and standards as modified and amended by this chapter, is adopted by this reference into the Kern County Plumbing Code. To facilitate ease of use by industry and building officials, amendments, additions and modifications to the California Building Standards Code (made by this Chapter) are made by reference to the appropriate section of the California Plumbing Code.


17.20.040 California Plumbing Code – Provisions not adopted. The following provisions of the California Plumbing Code, 2007 Edition, are not adopted as part of the Kern County Plumbing Code and shall not apply thereto:

Appendix Chapter 1, Section 102.2.6 Liability; Appendix Chapter 1, Section 102.3.1 Violations; Appendix Chapter 1, Section 102.3.2 Penalties; Appendix Chapter 1, Section 103.7.1 Unconstitutionality;

17.20.050 California Plumbing Code – Amendments – Generally. The following sections of the California Plumbing Code, 2007 Edition, are modified to read as set out in Sections 17.20.060 through 17.20.190 of this chapter. 17.20.060 Appendix Chapter 1, Section 103.1.1 amended – Permits Required. Appendix Chapter 1, Section 103.1.1 of the California Plumbing Code is amended to read as follows:

103.1.1 It shall be unlawful for any person, firm, corporation, owner of the land, or possessor to install, remove, alter, repair, or replace or cause or allow to be installed, removed, altered, repaired, or replaced any plumbing, gas, or drainage piping work or any fixture or water heating or treatment equipment in a building or premises without first obtaining a permit to do such work from the administrative authority. No person, firm, corporation, owner of the land, or possessor shall maintain any plumbing, gas, or drainage piping work, or any fixture, or water heating or treating equipment in a building or premises that was installed, removed, altered, repaired, or replaced without obtaining all permits required for such work from the administrative authority. 17.20.070 Appendix Chapter 1, Section 103.3.4 amended – Expiration. Appendix Chapter 1, Section 103.3.4 of the California Plumbing Code is amended to read as follows:

103.3.4 Expiration and Extension. Subsections 17.04.180(A) and 17.04.180(D) of this title shall apply to expiration and extension of a permit. 17.20.080 Appendix Chapter 1, Section 103.4.2, 103.4.3, 103.4.4, and 103.4.5

amended – Permit fees – Plan review fees – Expiration of plan review – Investigation fees – Fee refunds.

A. Appendix Chapter 1, Section 103.4 of the California Plumbing Code is amended to read as follows:

103.4 Permit Fees. Subsection 17.08.070(A) of this title shall apply to permit fees.

B. Appendix Chapter 1, Section 103.4.2 of the California Plumbing Code is amended to read as follows:


103.4.2 Plan Checking Fees. Subsection 17.08.070(B) of this title shall apply to plan checking fees.

C. Appendix Chapter 1, Section 103.4.3 of the California Plumbing Code is amended to read as follows:

103.4.3 Plan Checking – Expiration and Extension. Section 17.04.180 of this Title shall apply to plan checking and extensions.

D. Appendix Chapter 1, Section 103.4.4 of the California Plumbing Code is amended to read as follows:

103.4.4 Investigation Fees: Work without a permit. Sections 17.04.140 and 17.04.200 of this title shall apply to investigation fees and work without a permit.

E. Appendix Chapter 1, Section 103.4.5 of the California Plumbing Code is amended to read as follows:

103.4.5 Fee Refunds: Section 17.04.140(B) of this title shall apply to fee refunds. 17.20.090 Section 203.0 amended – Administrative authority. Section 203.0 of the California Plumbing Code is amended to read as follows:

Administrative Authority. The administrative authority is the director of the Resource Management Agency or his designee. 17.20.100 Table 4-1 amended – Minimum Plumbing Fixtures. Footnote 11 of Table 4-1 of the California Plumbing Code is amended by adding subparagraph “c” to read as follows:

c. In restaurants which do not provide fixed seating for more than 20 occupants and the dining area is three hundred (300) square feet or less, the required urinal may be omitted. 17.20.110 419.0 added – Recreational vehicle sanitation stations. Section 419.0 is added to the California Plumbing Code to read as follows:

Section 419.0 Recreational Vehicle Sanitation Stations. 1. Where required. Where a trailer sanitation station is installed to

receive the discharge from sewage holding tanks of self-contained vehicles, it shall comply with the requirement of this section.

2. Use. Recreational sanitation stations shall be used only for receiving discharge from sewage holding tanks of self-contained vehicles.

3. Specifications. (a) Each recreational sanitation station shall be provided with a drain inlet not less than four (4) inches in diameter, discharging into a trap not more than twenty-four (24) inches below the drain inlet. The drain inlet


shall be equipped with hinged cover which shall effectively close the drain inlet when not in use. (b) Each drain inlet shall discharge into a drainage lateral not less than four (4) inches in diameter connected to a public sewer or an approved private sewage disposal system. (c) The drain inlet of each station shall be set in a concrete drain receptor not less than three and one-half (3 1/2) inches in thickness and not less than two (2) feet horizontally from the drain inlet to the inside of the surrounding curb. The surrounding curb shall be at least four (4) inches wide and two (2) inches above the floor of the receptor. The inside surface of the drain receptor shall be smooth finished concrete and shall slope a minimum of one-fourth (1/4) inch per foot from the bottom of the curb to the lip of the drain inlet.

4. Flushing. Water under pressure shall be provided to each recreational sanitation station. A three-fourths (3/4) inch water hose connection shall be installed at each recreational sanitation station to allow connection of a hose for wash-down operation. An approved backflow preventer shall be installed in the water service pipe. Provisions shall be made to store the wash-down hose off the ground.

5. Warning sign. (a) A warning sign shall be located immediately adjacent to the hose connection and shall read: "DANGER UNSAFE WATER. Use this hose to flush holding tank and drain receptor ONLY." (b) The warning sign shall be not less than eighteen (18) inches by twenty-four (24) inches and lettered in minimum size of not less than one (1) inch lettering in a color contrasting with the background.

6. Operating Instructions. A sign providing operating instructions shall be posted at each recreational sanitation station.

17.20.120 Section 508.4.1 added – Water heater floor support. Section 508.4.1 of the California Plumbing Code is added to read as follows:

508.4.1 All gas fired water heaters installed on combustible construction shall have floor under water heater made of non-combustible material approved by the administrative authority. 17.20.130 Section 605.9 added – Valve Insulation. Section 605.9 is added to the California Plumbing Code to read as follows:

605.9 In areas above one thousand (1,000) feet elevation and/or areas subject to freezing for prolonged periods, the full way valve controlling the water supply to each building shall be insulated in a method and/or manner acceptable to the administrative authority. 17.20.140 Section 609.3 amended

A. Section 609.3 of the California Plumbing Code is amended to read as follows:

609.3 No water piping shall be installed within a concrete floor slab on grade or in the ground under a concrete floor slab of a building. Exception: In areas above one thousand (1,000) feet and/or areas subject to freezing for prolonged periods, or when


necessary due to structural conditions, water piping may be installed in approved chases, sleeves, or ducts in accordance with the following requirements.

1. All water piping to be chased, sleeved or ducted the entire length and chases, sleeves or ducts shall extend a minimum of six (6) inches above grade.

2. Copper tubing shall be installed without joints where possible. Where joints and/or fittings are permitted, the joints shall be brazed and fittings shall be wrought copper.

Other alternate methods may be allowed but must be submitted and approved by the administrative authority prior to installation.

B. Section 609.3.3 is added to the California Plumbing Code to read as follows:

609.3.3 In areas above one thousand (1,000) feet elevation and/or areas

subject to freezing for prolonged periods, all water piping installed at or above grade shall be insulated in a method and/or manner acceptable to the administrative authority.

C. Section 609.10-Water Hammer. This section of the code is adopted for use in Kern County for use in all occupancies. 17.20.145 Section 1211.3.2 amended – Connections.

A. Section 1211.3.2 of the California Plumbing Code is amended to read as follows:

1211.3.2 Connections. Where gas piping is to be concealed, unions, tubing fittings, ground joint unions, bushings, swing joints, and compression couplings made by combinations of fittings shall not be used. Connections shall be of the following type: [NFPA 54: 7.3.2]

(1) Pipe fittings such as elbows, tees, and couplings. (2) Joining tubing by brazing (see Section 1209.5.8.2). (3) Fittings listed for use in concealed spaces that have been

demonstrated to sustain, without leakage, any forces due to temperature expansion or contraction, vibration, or fatigue based on their geographic location, application, or operation.

(4) Where necessary to insert fittings in gas pipe that has been installed in a concealed location, the pipe shall be reconnected by welding, flanges, or the use of a right and left coupling to prevent loosening by vibration.

17.20.150 Table K-1 amended – Minimum horizontal distance required from

building sewer. Table K-1 of the California Plumbing Code is amended by adding new general note 8 to read as follows:

8. Minimum clear distances shown from water supply wells and streams set forth in other County Ordinances may be greater than shown in this table and shall govern.


17.20.160 Appendix M added – Swimming pool, spa and hot tub code. Appendix M is added to the California Plumbing Code to read as follows:

M1. Swimming pool wastewater shall be disposed of as hereinafter set forth in this section and the type of disposal proposed shall be approved by the administrative authority prior to the commencement of any work. A means of disposal of the total contents of the pool (periodic emptying) without surface runoff shall be established to the satisfaction of the administrative authority.

M2. Except as provided in M3, when a public sewer or storm drain of adequate capacity is available for use, swimming pool wastewater shall be discharged there into and permission shall be obtained in writing from the proper authority to do so. A copy of such permission stating the maximum size of the waste line between the receptor and the sewer, and other specific requirements, shall accompany any applications for a permit made to the Administrative Authority.

M3. Where space and conditions are such that no hazard, nuisance, or unsanitary condition is evidenced, swimming pool wastewater may be used for irrigation by surface or subsurface spreading.

M4. When no other means of wastewater disposal is available, a drywell may be installed. Each such drywell shall be constructed in the manner described for cesspools in Appendix K of this Code, and drywells receiving only filter backwash shall have a capacity of at least twice the amount of effluent discharged during one normal backwash operation, but shall in no case have less than a five (5) foot (1.5 m) vertical sidewall. When pool emptying or other drains are proposed the size and leaching capacity of such drywell shall be proportionately increased to the satisfaction of the Administrative Authority. No wastewater other than that from swimming pool shall discharge into any such drywell, and no wastewater from any swimming pool shall discharge into a private sewage disposal system.

M5. No direct connection shall be made between any storm drain, sewer, drainage system, drywell, or subsoil irrigation line and any line connected to a swimming pool.

M6. Wastewater from any filter, scum gutter overflow, pool emptying line, or similar apparatus or appurtenance shall discharge into an approved type receptor. The flood level rim of each such receptor shall be at least six (6) inches (152.4 mm) above the flood level of the adjacent ground. Each such receptor, when permitted to be connected to any part of a drainage system, shall be provided with a three (3) inch (76.2 mm) trap.

M7. Except as provided in M8, the discharge outlet terminal from any pool or filter shall be protected from backflow by an air gap at least six (6) inches (152.4 mm) above the flood rim of the receptor.

M8. No scum gutter drain, overflow drain, backwash discharge drain, or pool emptying line shall enter any receptor below the rim unless the pool piping at its deepest point, the bottom of the filters, and the bottom of the scum gutter drain trough or overflow inlets are at least six (6) inches (152.4 mm) above the overflow rim of the receptor

M9. A positive point of potable water supply to each swimming pool shall be established and shall be installed as required by Chapter 6 of this Code.

M10. Plans for other than private swimming pools shall be approved by the health officer before any water supply or waste discharge permit is issued.


M11. All swimming pools shall be equipped with a filtration system which shall be installed in conformance with standards established by the administrative authority, which filtration system will permit the reuse of the water in swimming pools for a period of not less than one (1) year.

A swimming pool is defined as a portable or permanent artificial basin, chamber, or tank which when filled with water to overflow contains more than one thousand (1,000) gallons or is over two (2) feet in depth at any point.

M12. A private wading pool is exempt from the forgoing requirements, but must be maintained in a sanitary condition. A private wading pool is defined as a portable or permanent artificial basin, chamber, or tank maintained by an individual for wading by small children which when filled with water to overflow contains less than one thousand (1,000) gallons and does not exceed two (2) feet at any point.

M13. Recirculating water for swimming pools shall be constructed and installed under the same standards and requirements as potable water piping.

17.20.165 Appendix I amended – Installation Standard 20-2005 Section 2.9.4 Section 2.9.4 is deleted. 17.20.170 Appendix K, Section K1 amended – Private sewage disposal – General. Section K1 of Appendix K of the California Plumbing Code is amended by adding paragraph (k) to read as follows:

(k) In certain areas of the County which have poor soils or other problems relative to sewage disposal, the sewage disposal system shall be installed and inspected before the building foundation inspection is made. In the case of a lot which will not accommodate the one hundred (100%) percent expansion area for leaching purposes, lying within a legal subdivision of land existing prior to the effective date of Ordinance G-5137, the director of the Resource Management Agency or his authorized designee may approve a lesser area for leaching purposes in exercise of his discretion. 17.20.180 Appendix K, Section K6(i) amended – Disposal fields. The last sentence of Section K6(i) of Appendix K of the California Plumbing Code is amended to read as follows: Disposal fields, trenches and leaching beds shall not be paved over or covered by concrete or any material that can reduce or inhibit any possible evaporation of the sewer effluent unless the area of the disposal fields, trenches and leaching beds is increased by a minimum of twenty five (25) percent. 17.20.190 Appendix K, Section K7 amended – Seepage pits. Section K7 of Appendix K of the California Plumbing Code is amended by adding paragraphs (j) and (k) to read as follows:

(j) Alternate methods of construction of seepage pits may be approved by the Administrative Authority when providing additional safety for installers.

(k) Seepage pits shall not be drilled or installed in Type-V soil.


Chapter 17.24 ELECTRICAL CODE

Sections:

Article I. General Provisions 17.24.010 Short title. 17.24.020 Definitions. 17.24.030 Applicability. 17.24.040 Qualified electrician required. 17.24.050 Special residential requirements. Article II. National Electrical Code 17.24.060 National Electrical Code – Adopted. 17.24.070 National Electrical Code – amendments – Generally. 17.24.080 Section 250.50 amended – Grounding electrode system. Article III. Administration 17.24.090 Permits required. 17.24.100 Separate permits required – Exceptions. 17.24.110 Board of Appeals. 17.24.120 Application and fee for permit. 17.24.130 Penalty fees. 17.24.140 Plans and specifications. 17.24.150 Plans and specifications – Requirements. 17.24.160 Plans and specifications – Minor additions. 17.24.170 Permit issuance. Article IV. Inspection 17.24.180 Inspection of work required. 17.24.190 Pre-inspection – Prohibited acts. 17.24.200 Temporary use and connection. 17.24.210 Inspection – Requirements. 17.24.220 Inspection – Right of entry. Article V. Enforcement 17.24.230 Enforcement – Stop orders. 17.24.240 Enforcement – Disconnection. Article VI. Electrical Maintenance Permit 17.24.250 Electrical maintenance permit. 17.24.260 Electrical maintenance permit – Work not qualifying. 17.24.270 Electrical maintenance permit – Industrial work qualifying. 17.24.280 Electrical maintenance permit – Exempted oilfield work. 17.24.290 Electrical maintenance permit reports – Dates due. 17.24.300 Electrical maintenance permit – Cancellation.


Article I. General Provisions 17.24.010 Short Title. This chapter may be cited as the "Kern County Electrical Code." 17.24.020 Definitions. For the purpose of this chapter, certain terms used herein or in the adopted code, shall have the meaning given in this section, except as expressly provided otherwise in this title.

A. "Building official" and "Chief Electrical Inspector" mean the director of the Resource Management Agency of the County of Kern, or his designee.

B. "Board of Appeals" means the Kern County Board of Building Appeals, as established by Section 2.32.010 of the Kern County Code.

C. "Building Inspection Department" and "Department" mean the Building Inspection Department, as established by Section 2.36.010.

D. "Director" means the director of the Resource Management Agency of the County of Kern, or his designee.

E. "Qualified electrician" means one who: (1) is a licensed (C-10) electrical contractor, or (2) has demonstrated by examination or interview his qualifications and competency to perform electrical work under supervision of a licensed (C-10) electrical contractor. A qualified electrician may not transfer his certification to another person.

F. “Service drops” means new electrical installations and/or circuits run to equipment such as motors, transformers, light fixtures, and new conduit runs to equipment, receptacles, etc. 17.24.030 Applicability.

A. The Kern County Electrical Code shall apply to all electrical wiring and electrical equipment which are installed and used in the unincorporated territory of the County of Kern.

B. This chapter does not apply to electrical wiring in: 1. Buildings owned or controlled by the federal or state government; 2. Signal or communication equipment, including building wiring of an

interstate railroad; 3. Facilities of an electrical public utility, including:

a. Any generating plant, receiving station, switching station, or distribution station,

b. Supply lines, c. Overhead service drops and underground service laterals, d. Metering equipment;

4. Facilities of a communication public utility where the wiring supplies electricity to communications apparatus, including lighting;

5. The facilities for the production, generation, storage or transmission of water or electrical energy by a local agency. Local agency means an agency of the state of California for the local performance of governmental or proprietary functions within limited boundaries.

17.24.040 Qualified electrician required. No person shall install, alter or repair electrical wiring unless he is a qualified, except that:


A. A property owner may do electrical work on his own property; B. A homeowner or a member of his immediate family may do electrical work on

his residence.

17.24.050 Special residential requirements. In dwelling occupancies, the overhead service entrance conduit shall be rigid metallic conduit, when required by the serving utility.

Article II. National Electrical Code 17.24.060 California Electrical Code – Adopted. That portion of the California Electrical Code. 2007 edition, as modified and amended by this chapter, is adopted by this reference into the Kern County Electrical Code. To facilitate ease of use by industry and building officials, amendments, additions and modifications to the California Building Standards Code (made by this Chapter) are made by reference to the appropriate section of the California Electrical Code. 17.24.070 California Electrical Code – Amendments – Generally. The following sections of the California Electrical Code, 2007 Edition, are modified to read as set out in Sections 17.24.080 of this chapter. 17.24.080 Section 250-50 amended – Grounding electrode system. Subsection 250-50 of the California Electrical Code is amended by adding the following sentence: On new construction, where reinforced concrete footings are placed, a grounding electrode complying with Article 250.52 (A)(3) shall be installed.

Article III. Administration 17.24.090 Permits required. It shall be unlawful for any person, firm, corporation, owner of the land, or possessor to install, energize, re-energize, use or maintain any electrical equipment or wiring system within or on any building, structure, or premises within the jurisdiction of the enforcing official, nor shall any alteration or addition be made thereto, without first securing a permit therefor from the building official, with the following exceptions:

A. Minor repair work, the replacement of lamps or the connection of portable electrical equipment to suitable permanently installed receptacles;

B. Electrical wiring expressly exempted from this chapter; (see Section 17.24.030);

C. Re-energization of a meter and/or service where the meter and/or the service drop or lateral has not been removed or disconnected. 17.24.100 Separate permits required – Exceptions. A separate permit shall be required for electrical installations, alteration, reconstruction or


repair of electrical wiring or application in each building, except that the permit covering a main building for a dwelling occupancy may include electrical wiring for an accessory building having a floor area of one thousand (1,000) square feet or less, located on the same premises as the main building, and supplied from the main building. 17.24.110 Board of Appeals. Section 17.04.160 of the Kern County Code shall apply to appeals. 17.24.120 Application and fee for permit. Applications for permits shall be made on forms provided by the building official and the permit fee shall be paid at the time the application is filed. The fee shall be established by the Board of Supervisors and set by Board Resolution. 17.24.130 Penalty fees. Any person who commences any electrical work for which a permit is required, without first having obtained a permit therefor, shall pay double the permit fee. This section shall not apply if in the opinion of the building official it was for emergency work when such work was urgently necessary and it was not practical to obtain a permit before commencement of the work. In all cases, a permit must be obtained as soon as it is practical, and if there is unreasonable delay in obtaining the permit, a double fee as herein provided shall be charged. 17.24.140 Plans and specifications. Each application for a permit shall be accompanied by plans and specifications or by a suitable diagram subject to approval by the building official. 17.24.150 Plans and specifications – Requirements. Plans, specifications, computations and other data shall be prepared by persons properly authorized by the state of California. The plans and specifications submitted with permit applications shall be subject to the following conditions:

A. The information contained on the plans shall be clearly legible. No plan for electric wiring in a building shall be in scale less than one-eight (1/8) inch to one (1) foot.

B. Two (2) sets of plans and specifications shall be filed for checking when the application is submitted at the Bakersfield office of the department. Three (3) sets of plans and specifications shall be filed for checking when the application is submitted at any other office of the department. If the building official finds that the work described in the plans and specifications conform to the requirements of this Code and other pertinent laws and ordinances, one (1) set shall be approved and returned to the applicant; the other approved set(s) shall be retained by the department for field checking.

C. If the plans or specifications do not comply with all provisions of this code, the necessary changes or revisions shall be made thereto by the person who originally drew the plan or his duly authorized agent.

D. Plans and specifications on file with the department may only be inspected pursuant to Health and Safety Code 19850 et seq. 17.24.160 Plans and specifications – Minor additions. If an application for permit is filed for work involving wiring or electrical applications which


constitute minor "installations" or alterations to an existing electrical system, the building official may waive the requirements for plans and specifications. 17.24.170 Permit issuance.

A. The application, plans, specifications, computations and other data filed by the applicant for permit shall be reviewed by the building official. If the building official finds that the work described in an application for a permit and the plans, specifications and other data filed therewith conform to the requirements of this code and other pertinent laws and ordinances, and that the fees specified herein have been paid, he shall issue a permit therefor to the applicant.

B. When the building official issues the permit where plans are required, he shall endorse in writing or stamp the plans and specifications "APPROVED." Such approved plans and specifications shall not be changed, modified or altered without authorization from the building official, and all work regulated by this code shall be done in accordance with the approved plans.

Article IV. Inspection 17.24.180 Inspection of work required. All electrical work and wiring installed under a permit shall be inspected and approved by the department before it is concealed, energized, placed in service, or used. 17.24.190 Pre-inspection – Prohibited acts.

A. No person shall use or energize electrical work or wiring installed under permit, or allow its use or energizing, until it has been inspected and approved by the department.

B. No utility or service agency shall supply electrical energy, or cause it to be supplied, to electrical equipment or to a wiring system which has not been inspected and approved unless temporary connections are authorized by the department.

C. No utility or service agency shall supply electrical energy, or cause it to be supplied, to electrical equipment or wiring systems where the meter and/or service drop or lateral has been removed or disconnected until it has been inspected and approved by the department. 17.24.200 Temporary use and connection. If necessary to prevent hardship and if inspection will not be impeded, temporary connection of electrical energy and use of electrical work or wiring may be authorized by the department prior to inspection and approval of the electrical work. 17.24.210 Inspection – Requirements.

A. Each obstruction which renders impracticable a complete and thorough inspection of electrical wiring shall be removed following notice to do so; wiring shall remain unobstructed until the wiring has been inspected and approved by the department.

B. If there is reasonable evidence that conductors are damaged or do not comply with code requirements, the inspector may require the conductors to be replaced or removed from raceways for inspection.


C. Fixtures, appliances, devices, and equipment shall not be connected to electric wiring until the rough wiring, including conductors, has been inspected and approved.

D. All grounding terminations shall be made up, except for attachment to devices, prior to rough electrical inspection.

E. Wiring shall be free from grounds, shorts or other defects before approval by the department.

F. Upon request of the inspector, ladders or other means suitable to aid inspections of any electrical wiring shall be provided. 17.24.220 Inspection – Right of entry. The building official may, upon the presentation of proper credentials to the occupant or owner, enter any premises, building or structure at any reasonable time for the purpose of investigating and inspecting such premises, building or structure to determine whether the same are being used in compliance with the provisions of this title (including codes which have been adopted by reference). If admission or entry is refused, the building official may apply to obtain an inspection warrant.

Article V. Enforcement 17.24.230 Enforcement – Stop orders.

A. Whenever any work is being done contrary to the provisions of this code or when a hazard to life or property is created, the building official may order the work stopped by notice in writing served on any persons engaged in the doing or causing such work to be done, and any such persons shall forthwith stop such work until authorized by the building official to proceed with the work.

B. No person shall fail, neglect or refuse to comply with a stop order.

17.24.240 Enforcement – Disconnection. A. If the department determines that an electrical installation is in violation of this

code, an order shall be given to the owner to correct the violation. The order shall be in writing and shall specify the particulars in which the installation is in violation; and it shall specify a reasonable time for compliance with the order. In cases of extreme danger to life and property, the order shall further require that all persons cease using electric current throughout the installation and the installation be disconnected immediately.

B. If the violation continues to exist beyond the time fixed by the order, the Department is authorized to disconnect physically the portion of the installation in violation, or to order the serving agency to disconnect electric service to the wiring system.

C. Where a disconnection has been made by the department, a seal shall be attached to the electrical wiring at the point of disconnect.

D. When an electric wiring installation has been sealed by the department, no person shall use, cause or permit the use of the installation prior to the removal of the seal by the department.

E. No person shall break, destroy or remove a seal or tag attachment to a disconnection without the written consent of the department.


Article VI. Electrical Maintenance Permit 17.24.250 Electrical maintenance permit. The Electrical Maintenance Permit (EMP) is an authorization for a business or industrial firm with ongoing, repetitive and routine electrical work to comply with certain minimum standards regarding the plan checking and inspection of such activity through a quarterly reporting program where:

A. A qualified electrical activity is performed by a C-10 (electrical) contractor or qualified electrician.

B. The work performed is tracked by the permittee and is reported to the department on forms provided by the building official on a quarterly basis by the business or industrial firm's designated contact person.

C. The department's inspection staff meets with the firm's contact person to perform representative spot inspections on the work performed. 17.24.260 Electrical maintenance permit – Work not qualifying.

A. Electrical work requiring any other type of building permit under the Code of Building Regulations shall obtain a separate electrical permit; however, if the permit is only for construction of oilfield pipe racks and/or oilfield foundations and the electrical work is otherwise applicable to the EMP it may be reported on the EMP form and a separate permit is not required.

B. Electrical work not considered appropriate to be reported on the EMP, or exempted work.

17.24.270 Electrical maintenance permit – Industrial work qualifying. Such minor new electrical construction and/or maintenance work as:

A. All new installations and related electrical wiring used by a business or industrial firm of an ongoing, repetitive and routine nature at a new or reworked location that results in an overall net increase in horsepower at the service drop(s), or any location requiring a new or larger service drop as long as they do not exceed the limitations indicated in subsection (B) below. The qualified electrician or C-10 contractor who makes the new or reworked installation must prepare and sign a complete one (1) line load diagram of the new electrical installation after the installation is complete, and prior to submittal with the EMP report. If a standard (typical) one (1) line load diagram which matches the installation has been approved by this department a reference to the standard plan number on the EMP may be used in place of submitting the one (1) line load diagram.

B. New construction small site electrical installations (no occupancy) - used by a business or industrial firm of an ongoing, repetitive and routine nature: All electrical equipment with a 480 volt maximum and/or 250 horsepower maximum, all transformers less than 500 KVA, and connected loads with a 250 horsepower maximum. The qualified electrician or C-10 contractor who makes the installation must prepare and sign a complete one (1) line load diagram of the new electrical installation after it is complete, and prior to submittal with the EMP report. If a standard (typical) one (1) line load diagram which matches the installation has been approved by this department a reference to the standard plan number on the EMP may be used in place of submitting the one (1) line load diagram.


C. All electrical installations are subject to the current provisions of the Code of Building Regulations, the California Electrical Code and approval or exemption from the permit process by the Kern County Building Department.

D. Separate electrical permits are required for all other installations, unless specifically exempted herein. 17.24.280 Electrical maintenance permit – Exempted oilfield work. The following oilfield electrical construction is exempt from the requirement for reporting on the EMP report:

A. Repair or replacement of existing electrical equipment with like or smaller equipment (like for like change-outs);

B. Relocation of pumping units or artificial lift devices to existing locations (250 horsepower maximum);

C. All overhead electrical distribution line(s) and apparatus regulated under General Order 95 (G.O. 95) 12 KV or less;

D. Repair or replacement of fixed motors, transformers or fixed approved appliances of the same type and rating in the same location;

E. Temporary or emergency lighting; F. Repair or replacement of current-carrying parts of any switch, contactor or

control device; G. Repair or replacement of any over current device of the required capacity in

the same location; H. Removal of electrical wiring.

Exemption from the permit requirements of this Code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this Code or any other laws or ordinances of this jurisdiction. 17.24.290 Electrical maintenance permit reports – Dates due. The quarterly EMP reports must be mailed to this department within thirty (30) days of the close of the quarters and failure to provide the report may result in the reporting party losing eligibility for future Electrical Maintenance Permits. The following chart depicts the periods covered by the quarterly reports and the deadlines for mailing the reports. Reports should be submitted to the attention of the Kern County Electrical Inspection Specialist, 2700 "M" Street, Suite 570, Bakersfield, California 93301, by first class mail or they may be turned in at any of the Building Inspection Offices.

Quarter Period Report By 1 July 1 - September 30 October 31 2 October 1 - December 31 January 31 3 January 1 - March 31 April 30 4 April 1 - June 30 July 31

17.24.300 Electrical maintenance permit – Cancellation. Upon notice from the department that the business or industrial firm or qualified electrician is not complying with this chapter or the provisions set out in Sections 17.24.250 through


17.24.290 the Electrical Maintenance Permit may be canceled. Any paid fees will be forfeited.


Chapter 17.26

RESERVED


Chapter 17.28 GRADING CODE

Sections:

17.28.010 Purpose. 17.28.020 Short title. 17.28.030 Scope. 17.28.040 Permits required. 17.28.050 Hazards. 17.28.060 Definitions. 17.28.070 Grading permit requirements. 17.28.080 Grading fees. 17.28.090 Bonds. 17.28.100 Cuts. 17.28.110 Fills. 17.28.120 Setbacks. 17.28.130 Drainage and terracing. 17.28.140 Erosion control. 17.28.150 Drainage retention facilities. 17.28.160 Maintenance. 17.28.170 Grading inspection. 17.28.180 Completion of work.

17.28.010 Purpose. The purpose of this chapter is to safeguard life, limb, property and the public welfare by regulating grading on private property. 17.28.020 Short title. This chapter may be cited as the "Kern County Grading Code." 17.28.030 Scope. This chapter sets forth rules and regulations to control excavation, grading and earthwork construction, including fills and embankments; establishes the administrative procedure for issuance of permits; and provides for approval of plans and inspection of grading construction. The standards listed below are recognized standards. (See Sections 3503, Standard of Duty and 3504, Recognized Standards of the Uniform Building Code, 1997 Edition).

A. Testing: 1. ASTM D 1557, Moisture-density Relations of Soils and Soil Aggregate

Mixtures; 2. ASTM D 1556, In Place Density of Soils by the Sand-Cone Method; 3. ASTM D 2167, In Place Density of Soils by the Rubber-Balloon

Method; 4. ASTM D 2937, In Place Density of Soils by the Drive-Cylinder

Method;


5. ASTM D 2922 and D 3017, In Place Moisture Contact and Density of Soils by Nuclear Methods.

17.28.040 Permits required.

A. Except as specified in subsection 17.28.040.B of this chapter, no person shall do any grading or cause the same to be done without first having obtained a grading permit from the building official.

B. Exempted Work: 1. When approved by the building official, grading in an isolated, self-

contained area if the building official finds that no danger to private or public property can now or hereafter result from the grading operations;

2. An excavation below finished grade for basements and footings of a building, retaining wall, or other structure authorized by a valid building permit. This shall not exempt any fill made with the material from such excavation nor exempt any excavation having unsupported height greater than five feet after the completion of such structure;

3. Cemetery graves; 4. Refuse disposal sites controlled by other regulations; 5. Excavations for wells or tunnels or utilities; 6. Mining, quarrying, excavating, processing, stockpiling of rock, sand,

gravel, aggregate, or clay where established and provided for by law, provided such operations do not affect the lateral support or increase the stresses in or pressure upon any adjacent or contiguous property;

7. Exploratory excavations under the direction of soil engineers or engineering geologists;

8. An excavation for a building site which: (a) is less than two (2) feet in depth, or (b) which does not create a cut slope greater than five (5) feet in height and steeper than one and one-half (1 1/2) units horizontal to one (1) unit vertical;

9. A fill which does not exceed fifty (50) cubic yards on any one site which is: (a) less than one (1) foot in depth and placed on natural terrain with a slope flatter than five (5) units horizontal to one (1) unit vertical, or (b) less than three (3) feet in depth and not intended to support structures;

10. Accepted agricultural activities, including routine mowing, plowing, ditching, harrowing, disking, ridging, leveling, and other similar operations necessary to prepare a field or crop for production;

11. Accepted oilfield activities related to oilfield drilling, such as oilfield roads, drilling pads, and sumps used for drilling mud, and grading required for the setting of production equipment. This does not include access roads which lead from the public rights-of-way to the site of the oilfield activity and are covered under paragraph 12 of subsection 17.28.040(B);

12. Access roads with cut and fill slopes less than two (2) feet in height. Exemption from the permit requirements of this chapter shall not be deemed

to grant authorization for any grading which modifies or obstructs a natural drainage course without a grading permit.

17.28.050 Hazards. Whenever the building official determines that any existing excavation or embankment or fill


on private property has become a hazard to life and limb, or endangers property, or adversely affects the safety, use or stability of a public way or drainage channel, the owner of the property upon which the excavation or fill is located, or other person or agent in control of said property, upon receipt of notice in writing from the building official, shall within the period specified therein repair or eliminate such excavation or embankment so as to eliminate the hazard and be in conformance with the requirements of this chapter. In the event that any excavation or embankment or fill was accomplished without obtaining the required grading permit and was existing at the time ownership changed for the property upon which the excavation or fill is located, or at the time another person or agent came into control of said property, it shall be the responsibility of the new owner, person or agent who is maintaining the excavation or fill to obtain the proper grading permit and remedy any conditions or violations which do not comply with this chapter. 17.28.060 Definitions. For the purposes of this chapter the definitions listed hereunder shall be construed as specified in this section.

1. "Approval" means the proposed work or completed work conforms to this chapter in the opinion of the building official.

2. "Architect" means a professional architect, registered in the State to practice in the field of architecture.

3. "As-Graded" means the extent of surface conditions on completion of grading. 4. "Bedrock" means in-place solid rock. 5. "Bench" means a relatively level step excavated into earth material on which

fill is to be placed. 6. "Borrow" means earth material acquired from an off-site location for use in

grading on a site. 7. "Civil Engineer" means a professional engineer registered in the State of

California to practice in the field of civil works. 8. "Civil Engineering" means the application of the knowledge of the forces of

nature, principles of mechanics and the properties of materials to the evaluation, design and construction of civil works for the beneficial uses of mankind.

9. "Compaction" means the densification of a fill by mechanical means. 10. "Earth Material" means any rock, natural soil or fill and/or any combination

thereof. 11. "Engineering Geologist" means a geologist experienced and knowledgeable

in engineering geology, registered in the State of California. 12. "Engineering Geology" means the application of geologic knowledge and

principles in the investigation and evaluation of naturally occurring rock and soil for use in the design of civil works.

13. "Erosion" means the wearing away of the ground surface as a result of the movement of wind, water and/or ice.

14. "Excavation" means the mechanical removal of earth materials. 15. "Existing Grade" means the grade prior to grading. 16. "Fill" means a deposit of earth material placed by artificial means. 17. "Finish Grade" means the final grade of the site which conforms to the

approved plan. 18. "Geotechnical Engineer." See “Soils Engineer.”


19. "Grade" means the vertical location of the ground surface. 20. "Grading" means any excavating or filling or combination thereof. 21. "Key" means a designed compacted fill placed in a trench excavated in earth

material beneath the toe of a proposed fill slope. 22. "Professional Inspection" means the inspection required by this chapter to be

performed by the civil engineer, soils engineer or engineering geologist. Such inspections include that performed by persons supervised by such engineers or geologists and shall be sufficient to form an opinion relating to the conduct of work.

23. "Registered Geologist" means a geologist registered in the State to practice in the field of geology.

24. "Rough Grade" means the stage at which the grade approximately conforms to the approved plan.

25. "Site" means any lot or parcel of land or contiguous combination thereof, under the same ownership, where grading is performed or permitted.

26. "Slope" means an inclined ground surface the inclination of which is expressed as a ratio of horizontal distance to vertical distance.

27. "Soil" means naturally occurring superficial deposits overlying bed rock. 28. "Soils Engineer (Geotechnical Engineer)" means an engineer experienced

and knowledgeable in the practice of soils engineering (geotechnical) engineering. 29. "Soils Engineering (Geotechnical Engineering)" means the application of the

principals of soils mechanics in the investigation, evaluation and design of civil works involving the use of earth materials and the inspection and/or testing of the construction thereof.

30. "Stockpile" means an accumulation of loose earth material (storage pile) generated during grading operations.

31. "Terrace" means a relatively level step constructed in the face of a graded slope surface for drainage and maintenance purposes.

17.28.070 Grading permit requirements.

A. Permits Required. Except as exempted in Section 17.28.040 of this chapter, no person, firm, corporation, owner of land, or possessor shall do any grading without first obtaining a grading permit from the building official. A separate permit shall be required for each site and may cover both excavations and fills. Adjacent sites being graded as one (1) integrated project may be considered as one (1) site for purposes of this section. All permits will include the provisions that the applicant, his agents, contractors, or employees shall carry out the proposed work in accordance with the approved plans and specifications and in compliance with all the requirements of this chapter and other County and State laws which might be applicable. No approval shall exonerate the permittee or his agents from the responsibility of complying with the provisions and intent of this chapter.

B. Application. The provisions of Chapter 17.08, Section 106.3.1 of the Uniform Building Code are applicable to grading and, in addition, the application shall be accompanied by or include:

1. The estimated quantities and type of material to be graded, excavated, or filled, sufficient to establish fees. C. Grading Designation. Grading in excess of two thousand (2,000) cubic yards

shall be performed in accordance with the approved grading plan prepared by a civil engineer or architect, and shall be designated as "engineered grading." Grading involving


less than two thousand (2,000) cubic yards shall be designated "regular grading" unless the permittee chooses to have the grading performed as engineered grading, or the building official determines that special conditions or unusual hazards exist, in which case grading shall conform to the requirements for engineered grading.

D. Engineered Grading Requirements. Application for a grading permit shall be accompanied by two (2) sets of plans and specifications, and supporting data consisting of a soils engineering report, engineering geology report, engineering calculations and drainage computations. The plans, specifications and calculations shall be prepared and signed by an individual licensed by the State to prepare such plans or specifications when required by the building official.

Specifications shall contain information covering construction and material requirements. Plans shall be drawn to scale upon substantial paper or cloth and shall be of sufficient clarity to indicate the nature and extent of the work proposed and show in detail that they will conform to the provisions of this chapter and all relevant laws, ordinances, rules and regulations. The first sheet of each set of plans shall give the location of the work and the name and address of the owner and the person by whom they were prepared.

The plans shall include the following information: 1. General vicinity of the proposed site; 2. Property limits and accurate contours of existing ground and details of

terrain and area drainage; 3. Limiting dimensions, elevations or finish contours to be achieved by

the grading, and proposed drainage channels and related construction; 4. Detailed plans of all surface and subsurface drainage devices, walls,

cribbing, dams and other protective devices to be constructed with, or as a part of, the proposed work together with a map showing the drainage area and the estimated runoff of the area served by any drains;

5. Location of any buildings or structures on the property where the work is to be performed and the location of any buildings or structures on land of adjacent owners which are within fifteen (15) feet of the property or which may be affected by the proposed grading operations;

6. Recommendations included in the soils engineering report and the engineering geology report shall be incorporated in the grading plans or specifications. When approved by the building official, specific recommendations contained in the soils engineering report and the engineering geology report, which are applicable to grading, may be included by reference;

7. The dates of the soils engineering and engineering geology reports together with the names, addresses and phone numbers of the firms or individuals who prepared the report. E. Soils Engineering Report. The soil engineering report required by subsection

(D) of this section shall include data regarding the nature, distribution, and strength of existing soils, conclusions and recommendations for grading procedures and design criteria for corrective measures, including buttress fills, when necessary, and opinion covering adequacy of sites to be developed by the proposed grading, as affected by soils engineering factors, including the stability of slopes.


F. Engineering Geology Report. The engineering geology report required by subsection (D) of this section shall include an adequate description of the geology of the site, conclusions and recommendations regarding the effect of geologic conditions on the proposed development, and opinion and recommendations covering the adequacy of sites to be developed by the proposed grading, as affected by geologic factors.

G. Liquefaction Study. The building official may require a geotechnical investigation in accordance with Sections 1804.2 and 1804.5 of the Uniform Building Code when, during the course of an investigation, both of the following conditions are discovered, the report shall address the potential for liquefaction:

1. Shallow ground water, fifty (50) feet or less. 2. Unconsolidated sandy alluvium.

H. Regular Grading Requirements. Each application for a grading permit shall be accompanied by two (2) sets of plans in sufficient clarity to indicate the nature and extent of work. The plans shall give the location of the work, the name of the owner and the name of the person who prepared the plans. The plans shall be drawn to scale and include the following:

1. General vicinity of the proposed site; 2. Property limits and accurate contours of existing ground and details of

terrain and area drainage; 3. Elevations, dimensions, location, extent, and the slopes of all proposed

grading shown by contours or other means and proposed drainage channels and related construction;

4. Detailed plans of all surface and subsurface drainage devices, walls, cribbing, dams and other protective devices to be constructed with, or as a part of, the proposed work together with a map showing the drainage area and the estimated runoff of the area served by any drains;

5. Location of any buildings or structures on the property where the work is to be performed and the location of any buildings or structures on land of adjacent owners which are within fifteen (15) feet of the property or which may be affected by the proposed grading operations. I. Issuance. The provisions of Chapter 17.08, Section 106.4 of the Uniform

Building Code are applicable to grading permits. The building official may require that grading operations and project designs be modified if delays occur which incur weather-generated problems not considered at the time the permit was issued.

The building official may require professional inspection and testing by the soils engineer. When the building official has cause to believe that geologic factors may be involved, the grading will be required to conform to engineered grading. 17.28.080 Grading fees.

A. General. A fee for each Grading Permit, including related plan checking fee, shall be paid to the building official, as established by the Board of Supervisors and as set by Board Resolution.

B. Plan Checking Fees. When a plan or other data are required to be submitted, a plan checking fee shall be paid to the building official at the time of submitting plans and specifications for review. Said plan check fee shall be established by the Board of Supervisors and set by Board Resolution. Separate plan check fees shall apply to retaining walls or major drainage structures as required in Title 17. For excavation and fill on the


same site, the fee shall be based on the volume of excavation or fill, whichever is greater. Where plans are incomplete or changed so as to require additional plan checking, an additional plan-check fee may be charged.

C. Grading Permit Fee. A fee for each grading permit shall be paid to the building official as set forth by Kern County. Said grading permit fee shall be established by the Board of Supervisors and set by Board Resolution. Separate permits and fees shall apply to retaining walls or major drainage structures as required in Title 17. There shall be no separate charge for standard terrace drains and similar facilities. 17.28.090 Bonds. The building official may require bonds in such form and amounts as may be deemed necessary to assure that the work, if not completed in accordance with the approved plans and specifications, will be corrected to eliminate hazardous conditions. In lieu of a surety bond the applicant may file a cash bond or instrument of credit with the building official in an amount equal to that which would be required in the surety bond. 17.28.100 Cuts.

A. General. Unless otherwise recommended in the approved soils engineering and/or engineering geology report, cuts shall conform to the provisions of this section.

B. Slope. The slope of cut surfaces shall be no steeper than is safe for the intended use and shall be no steeper than two (2) units horizontal to one (1) unit vertical unless the applicant furnishes a soils engineering or an engineering geology report, or both, stating that the site has been investigated and giving an opinion that a cut at a steeper slope will be stable and not create a hazard to public or private property.

EXCEPTIONS: 1. A cut surface may be at a slope of 1.5 horizontal to 1 vertical (67

percent slope) provided that all the following are met: 1.1. It is not intended to support structures or surcharges. 1.2. It is adequately protected from erosion. 1.3. It is no more than 8 feet in height. 1.4. It is approved by the building official.

C. Drainage and Terracing. Drainage and terracing shall be provided as

required by Section 17.28.130. 17.28.110 Fills.

A. General. Unless otherwise recommended in the approved soils engineering report, fills shall conform to the provisions of this section. In the absence of an approved soils engineering report, these provisions may be waived for minor fills not intended to support structures.

B. Fill Location. Fill slopes shall not be constructed on natural slopes steeper than two (2) horizontal units to one (1) vertical unit.

C. Preparation of Ground. The ground surface shall be prepared to receive fill by removing vegetation, noncomplying fill, topsoil and other unsuitable materials scarifying to provide a bond with new fill and, where slopes are steeper than five (5) horizontal units to one (1) vertical unit and the height is greater than five (5) feet, by benching into sound


bedrock or other competent material as determined by the soils engineer. The bench under the toe of fill on a slope steeper than five (5) horizontal units to one (1) vertical unit shall be at least ten (10) feet wide. The area beyond the toe of fill shall be sloped for sheet overflow or a paved drain shall be provided. When fill is to be placed over a cut, the bench under the toe of the fill shall be at least ten (10) feet wide, but the cut shall be made before placing the fill and the cut shall be qualified by the soils engineer or engineering geologist or both as a suitable foundation for fill.

D. Fill material. Detrimental amounts of organic material shall not be permitted in fills. Except as permitted by the building official, no rock or similar irreducible material with a maximum dimension greater that (twelve) 12 inches shall be buried or placed in fills.

EXCEPTIONS: The building official may permit placement of larger rock when the soils engineer properly devises a method of placement, continuously inspects its placement and approves the fill stability. The following conditions shall apply: 1. Prior to issuance of the grading permit, potential rock disposal areas

shall be delineated on the grading plan. 2. Rock sizes greater than twelve (12) inches in maximum dimension

shall be ten (10) feet or more below grade, measured vertically. 3. Rocks shall be placed so as to assure filling of all voids with well

graded soil. E. Compaction. All fills shall be compacted to a minimum of ninety (90) percent

of maximum density. F. Slope. The slope of fill surfaces shall be no steeper than is safe for the

intended use. Fill slopes shall be no steeper than two (2) units horizontal to one (1) unit vertical.

G. Drainage and Terracing. Drainage and terracing shall be provided as required by Section 17.28.130. 17.28.120 Setbacks.

A. General. Cut and fill slopes shall be set back from site boundaries in accordance with this section. Setback dimensions shall be horizontal distances measured perpendicular to the site boundary. Setback dimensions shall be as shown in Figure 17.28-1.

B. Top of Cut Slope. The top of cut slopes shall not be made nearer to a site boundary line than one fifth of the vertical height of cut with a minimum of two (2) feet and a maximum of ten (10) feet. The setback may need to be increased for any required interceptor drains.

C. Toe of Fill Slope. The toe of fill slope shall not be made nearer to the site boundary line than one-half (1/2) the height of the slope with a minimum of two (2) feet and a maximum of twenty (20) feet. Where a fill slope is to be located near the site boundary and the adjacent off-site property is developed, special precautions shall be incorporated in the work as the building official deems necessary to protect the adjoining property from damage as a result of such grading. These precautions may include but are not limited to:

1. Additional setbacks. 2. Provision for retaining or slough walls.


3. Mechanical or chemical treatment of the fill slope surface to minimize erosion.

4. Provisions for the control of surface waters. D. Modification of Slope Location. The building official may approve alternate

setbacks. The building official may require an investigation and recommendation by a qualified engineer or engineering geologist to demonstrate that the intent of this section has been satisfied. 17.28.130 Drainage and terracing.

A. General. Unless otherwise indicated on the approved grading plan, drainage facilities and terracing shall conform to the provisions of this section for cut or fill slopes steeper than three (3) units horizontal to (1) unit vertical.

B. Terrace. Terraces at least six (6) feet in width shall be established at not more than thirty (30) foot vertical intervals on all cut or fill slopes to control surface drainage and debris except that where only one (1) terrace is required, it shall be at mid-height. For cut or fill slopes greater than sixty (60) feet and up to one hundred twenty (120) feet in vertical height, one (1) terrace at approximately mid-height shall be twelve (12) feet in width. Terrace widths and spacing for cut and fill slopes greater than one hundred twenty (120) feet in height shall be designed by a civil engineer and approved by the building official. Suitable access shall be provided to permit proper cleaning and maintenance. Swales or ditches on terraces shall have a minimum gradient of five (5) percent and must be paved with reinforced concrete not less than three (3) inches in thickness or an approved equal paving. They shall have a minimum depth at the deepest point of one (1) foot and a minimum paved width of five (5) feet.

A single run of swale or ditch shall not collect runoff from a tributary area exceeding thirteen thousand five hundred (13,500) square feet (projected) without discharging into a down drain.

C. Subsurface Drainage. Cut and fill slopes shall be provided with subsurface drainage as necessary for stability.

D. Disposal. All drainage facilities shall be designed to carry waters to the nearest practicable drainage way approved by the building official and/or other appropriate jurisdiction as a safe place to deposit such waters. Erosion of ground in the area of discharge shall be prevented by installation of non-erosive downdrains or other devices. Building pads shall have a drainage gradient of two (2) percent toward approved drainage facilities, unless waived by the building official.

EXCEPTIONS: The gradient from the building pad may be 1 percent if all of the following conditions exist throughout the permit area: 1. No proposed fills are greater than ten (10) feet in maximum depth. 2. No proposed finish cut or fill slope faces have a vertical height in

excess of ten (10) feet. 3. No existing slope faces, which have a slope face steeper than ten (10)

units horizontally to one (1) unit vertically, have a vertical height in excess of ten (10) feet.

E. Interceptor Drains. Paved interceptor drains shall be installed along the top of

all cut slopes where the tributary drainage area above slopes toward the cut and has a


drainage path greater than forty (40) feet measured horizontally. Interceptor drains shall be paved with a minimum of three (3) inches of concrete or gunite and reinforced. They shall have a minimum depth of twelve (12) inches and a minimum paved width of thirty (30) inches measured horizontally across the drain. The slope of drain shall be approved by the building official. 17.28.140 Erosion control.

A. Slopes. The faces of cut and fill slopes shall be prepared and maintained to control against erosion. This control may consist of effective planting. The protection for the slopes shall be installed as soon as practicable and prior to calling for final approval. Where cut slopes are not subject to erosion due to the erosion-resistant character of the materials, such protection may be omitted.

B. Other Devices. Where necessary, check dams, cribbing, riprap or other devices or methods shall be employed to control erosion and provide safety.

C. Temporary Devices. Temporary drainage and erosion control shall be provided as needed at the end of each work day during grading operations, such that existing drainage channels would not be blocked. Dust control shall be applied to all graded areas and materials and shall consist of applying water or another approved dust palliative for the alleviation or prevention of dust nuisance. Deposition of rocks, earth materials or debris onto adjacent property, public roads or drainage channels shall not be allowed. 17.28.150 Drainage retention facilities. General. All drainage retention/detention facilities and their associated conveyance facilities shall be designed in accordance with the Kern County Development Standards or latest revision thereof. 17.28.160 Maintenance. The owner of any property on which grading has been performed pursuant to a permit issued under the provisions of this chapter, or any other person or agent in control of such property, shall maintain in good condition and repair all drainage structures, sumps and other protective devices shown on the grading plans filed with the application for grading permit and approved as a condition precedent to the issuance of such permit. 17.28.170 Grading inspection.

A. General. All grading operations for which a permit is required shall be subject to inspection by the building official. Professional inspection of grading operations and testing shall be provided by the civil engineer, soils engineer and the engineering geologist retained to provide such services in accordance with Subsection 17.28.170(E) for engineered grading and as required by the building official for regular grading.

B. Civil Engineer. The civil engineer shall provide professional inspection within such engineer’s area of technical specialty, which shall consist of observation and review as to the establishment of line, grade and surface drainage of the development area. If revised plans are required during the course of the work they shall be prepared by the civil engineer.

C. Soils Engineer. The soils engineer shall provide professional inspection within such engineer’s area of technical specialty, which shall include observation during


grading and testing for required compaction. The soils engineer shall provide sufficient observation during the preparation of the natural ground and placement and compaction of the fill to verify that such work is being performed in accordance with the conditions of the approved plan and the appropriate requirements of this chapter. Revised recommendations relating to conditions differing from the approved soils engineering and engineering geology reports shall be submitted to the permittee, the building official and the civil engineer.

D. Engineering Geologist. The engineering geologist shall provide professional inspection within such engineer’s area of technical specialty, which shall include professional inspection of the bedrock excavation to determine if conditions encountered are in conformance with the approved report. Revised recommendations relating to conditions differing from the approved engineering geology report shall be submitted to the soils engineer.

E. Permittee. The permittee shall be responsible for the work to be performed in accordance with the approved plans and specifications and in conformance with the provisions of this Code, and the permittee shall engage consultants, if required, to provide professional inspections on a timely basis. The permittee shall act as a coordinator between the consultants, the contractor and the building official. In the event of changed conditions, the permittee shall be responsible for informing the building official of such change and shall provide revised plans for approval.

F. Building Official. The building official may inspect the project at the various stages of the work requiring approval to determine that adequate control is being exercised by the professional consultants.

G. Notification of Noncompliance. If, in the course of fulfilling their responsibility under this chapter, the civil engineer, the soils engineer, or the engineering geologist finds that the work is not being done in conformance with this chapter or the approved grading plans, the discrepancies shall be reported immediately in writing to the permittee and to the building official. Recommendations for corrective measures, if necessary, shall also be submitted.

H. Transfer of Responsibility. If the civil engineer, the soils engineer, or the engineering geologist of record is changed during the course of the work, the work shall be stopped until:

1. The civil engineer, soils engineer, or engineering geologist, has notified the building official in writing that they will no longer be responsible for the work and that a qualified replacement has been found who will assume responsibility.

2. The replacement civil engineer, soils engineer, or engineering geologist notifies the building official in writing that they have agreed to accept responsibility for the work.

17.28.180 Completion of work.

A. Final Reports. Upon completion of the rough grading work and at the final completion of the work the building official may require the following reports and drawings and supplements thereto:

1. An as-built grading plan prepared by the civil engineer or architect retained to provide such services in accordance with Subsection 17.28.170(E) showing original ground surface elevations, as-graded ground surface elevations, lot


drainage patterns and locations and elevations of all surface drainage facilities and of the outlets of subsurface drainage facilities. As-constructed locations, elevations and details of subsurface drains shall be shown as reported by the soils engineer. The civil engineer(s) shall state that to the best of their knowledge the work within their area of responsibility was done in accordance with the final approved grading plan.

2. A report prepared by the soils engineer, retained to provide such services in accordance with Subsection 17.28.170(C), including locations and elevations of field density tests, summaries of field and laboratory tests and other substantiating data and comments on any changes made during grading and their effect on the recommendations made in the approved soils engineering investigation report. Soils engineers shall submit a statement that, to the best of their knowledge, the work within their area of responsibilities is in accordance with the approved soils engineering report and applicable provisions of this chapter. They shall also render a finding as to the adequacy of the site for the intended use as affected by soil factors.

3. A report prepared by the engineering geologist retained to provide such services in accordance with Subsection 17.28.170(E), including a final description of the geology of the site and any new information disclosed during the grading and the effect of same on recommendations incorporated in the approved grading plan. Engineering geologists shall submit a statement that, to the best of their knowledge, the work within their area of responsibility is in accordance with the approved engineering geologist report and applicable provisions of this chapter. They shall also render a finding as to the adequacy of the site for the intended use as affected by geologic factors.

4. The grading contractor shall submit in a form prescribed by the building official a statement of conformance to said as-built plans and the specifications. B. Notification of Completion. The permittee or his agent shall notify the building

official when the grading operation is ready for final inspection. Final approval shall not be given until all work, including removal of all stockpiled material not shown to remain, installation of all drainage facilities and their protective devices, and all erosion-control measures have been completed in accordance with the final approved grading plan and the required reports have been submitted.


CHAPTER 17.32 FIRE CODE

Sections:

17.32.001 International Fire Code – Adopted. 17.32.002 Establishment of limits of districts in which storage of flammable

cryogenic fluids in stationary containers is to be prohibited. 17.32.003 Establishment of limits of districts in which storage of flammable

or combustible liquids in outside aboveground tanks is prohibited.

17.32.004 Establishment of limits of districts in which storage of liquefied petroleum gases is restricted.

17.32.005 Establishment of limits of districts in which storage of explosives and blasting agents is to be prohibited.

17.32.006 Establishment of limits of districts in which the storage of compressed natural gas is to be prohibited.

17.32.008 Section 101.1 amended – Title. 17.32.010 Section 102.7 amended – Subjects not regulated by this Code. 17.32.012 Section 103.2 amended – Fire Code Official. 17.32.014 Section 103.3 amended – Fire personnel and police. 17.32.016 Section 105.1.1 amended – Permits required. 17.32.018 Section 105.6 amended – Required operational permits. 17.32.020 Section 105.7 amended – Required construction permits. 17.32.022 Section 106.5 added – Inspection requests. 17.32.024 Section 108.1 amended – Board of Appeals. 17.32.026 Section 109.3 amended – Violation penalties. 17.32.028 Section 111.4 amended – Failure to comply. 17.32.030 Section 305.5 added – Hazardous environmental conditions. 17.32.032 Section 401.3 amended – Emergency forces notification. 17.32.034 Table 405.2 Footnote ‘a’ amended – Fire and evacuation drill

frequency and participation. 17.32.036 Section 503.1.1 amended – Buildings and facilities. 17.32.038 Section 503.2.1 amended – Dimensions. 17.32.040 Section 503.4 amended – Obstruction of fire apparatus access

roads. 17.32.042 Section 508 amended – Fire protection water supplies. 17.32.044 Section 703.1 amended – Maintenance. 17.32.045 Section 806.1.1 amended – General. 17.32.046 Section 903.2.1 amended – Group A. 17.32.047 Section 903.2.1.1 amended – Groups A-1, A-2, A-3 and A-4. 17.32.048 Section 903.2.1.2 deleted – Group A-2. 17.32.049 Section 903.2.1.3 deleted – Group A-3. 17.32.050 Section 903.2.1.4 deleted – Group A-4. 17.32.051 Section 903.2.2 amended – Group E. 17.32.052 Section 903.2.3 amended – Group F. 17.32.053 Section 903.2.6 amended – Groups M and B.


17.32.054 Section 903.2.7 amended – Group R. 17.32.055 Section 903.2.8 amended – Group S. 17.32.056 Section 903.2.10.3 amended – Multi-story buildings. 17.32.058 Section 903.3.1.2.2 added – Attic area of Group R. 17.32.060 Section 903.3.8 added – Fire sprinkler control room. 17.32.062 Section 903.6 amended – Existing buildings. 17.32.064 Section 905.5.3 deleted – Class II system 1-inch hose. 17.32.066 Section 907.21 added – Fire alarm control room. 17.32.068 Section 910.1 amended – General. 17.32.070 Section 2205.1 amended – Tank filling operations for Class I, II or

III fuels. 17.32.072 Section 2205.1.1 amended – Delivery vehicle location. 17.32.074 Section 2206.2 amended – Method of storage. 17.32.076 Section 2206.6.2 amended – Piping, valves, fittings and ancillary

equipment for above-ground tanks for Class I, II and III liquid fuels.

17.32.078 Section 2206.7.6 amended – Fuel delivery nozzles. 17.32.079 Section 2206.7.6.1 amended – Special requirements for nozzles. 17.32.080 Section 2208.3.2 added – Maximum capacity within established

limits. 17.32.081 Section 2210.1 amended – General. 17.32.082 Section 2210.2 amended – Storage and handling. 17.32.083 Section 2210.3.2 amended – Supervision. 17.32.084 Section 2210.3.3 amended – Hoses and nozzles. 17.32.085 Section 2210.3.4 amended – Portable containers. 17.32.086 Section 2210.5.2 amended – Spills. 17.32.087 Table 2306.2 Footnote ‘j’ is amended – General Fire Protection

and Life Safety Requirements. 17.32.088 Section 2701.1 is amended – Scope. 17.32.089 Section 2701.7 added – Facility correction plan. 17.32.090 Section 2703.5 amended – Hazard identification signs. 17.32.091 Section 2903.4 amended – Agricultural products. 17.32.092 Section 3302 added – Storage within established limits. 17.32.093 Section 3303 added – Fireworks. 17.32.094 Section 3309 added – Safe and sane fireworks. 17.32.095 Section 3401.2 amended – Nonapplicability. 17.32.096 Section 3404.2.3.2 amended – Label or placard. 17.32.097 Section 3404.2.7.10 amended – Leak reporting. 17.32.098 Section 3406.1.3 amended – Buildings. 17.32.099 Section 3406.3.3.3 amended – Security. 17.32.100 Section 3804.4 amended – Multiple container installation. 17.32.101 Section 3808.1 amended – General. 17.32.102 Table 3809.12 amended – Separation from exposures of

containers awaiting use, resale or exchange stored outside of buildings from exposures.

17.32.103 Chapter 45 amended – FM Global.


17.32.104 Section 4706 amended – Vegetation management. 17.32.105 Appendix B Section B105 amended – Fire-flow requirements for

buildings. 17.32.107 Appendix D Section D103.2 amended – Grade. 17.32.108 Appendix D Section D103.3 amended – Turning radius. 17.32.109 Appendix D Section D103.4 and Table D103.4 amended – Dead-

ends. 17.32.110 Appendix D Section D103.6 amended – Fire Lanes. 17.32.111 Appendix D Section D103.6.1 is renumbered to D103.6.5 and

amended – Roads 20 to 32 feet in width. 17.32.112 Appendix D Section D103.6.2 is renumbered to D103.6.6 and

amended – Roads 32 to 40 feet in width. 17.32.001 International Fire Code – Adopted. That portion of the California Building Standards Code that imposes substantially the same requirements as are contained in the International Fire Code, 2006 Edition published by the International Code Council and the California Building Standards Commission with errata, together with those portions of the International Fire Code, 2006 Edition, including Appendix Chapter 1, B, C, and D published by the International Code Council not included in the California Building Standards Code, as modified and amended by this chapter, are adopted by this reference into this Chapter, and are hereby collectively declared to be the Kern County Fire Code for the purpose of regulating the safeguarding of life, property and public welfare to a reasonable degree from the hazards of fire, hazardous materials release and explosion arising from the storage, use and handling of dangerous and hazardous materials, substances and devices, conditions hazardous to life or property in the occupancy and use of buildings and premises, the operation, installation, construction, location, safeguarding and maintenance of attendant equipment, the installation and maintenance of adequate means of egress not provided for by the building code, and providing for the issuance of permits and collection of fees therefor. 17.32.002 Establishment of limits of districts in which storage of flammable

cryogenic fluids in stationary containers is to be prohibited. The limits referred to in Section 3204.3.1.1 of the Kern County Fire Code in which storage of flammable cryogenic fluids in stationary containers is prohibited are hereby established as the unincorporated area of the County of Kern.

EXCEPTIONS: 1. The storage of flammable cryogenic fluids in stationary containers is

allowed in an M-2 Zone with a Conditional Use Permit issued by the Planning Department.

2. The storage of flammable cryogenic fluids in stationary containers is allowed in an M-3 Zone.

17.32.003 Establishment of limits of districts in which storage of flammable or

combustible liquids in outside aboveground tanks is prohibited. The limits referred to in Sections 3404.2.9.5.1 and 3406.2.4.4 of the Kern County Fire Code in which the storage of flammable or combustible liquids in aboveground tanks outside of


buildings is restricted are hereby established as the unincorporated area of the County of Kern.

EXCEPTIONS: 1. The storage of flammable or combustible liquids in aboveground tanks

outside of buildings is allowed in A or A-1 Zones; 2. The storage of flammable or combustible liquids in aboveground tanks

outside of buildings is allowed in M-1, M-2 or M-3 Zones; 3. The storage of flammable or combustible liquids in aboveground tanks

outside of buildings is allowed in NR Zones. 17.32.004 Establishment of limits of districts in which storage of liquefied

petroleum gases is restricted. The limits referred to in Section 3804.2 of the Kern County Fire Code, in which storage of liquefied petroleum gas in excess of an aggregate of 2,000 gallons water capacity is restricted are hereby established as the unincorporated area of the County of Kern.

EXCEPTIONS: 1. The storage of liquefied petroleum gas in excess of 2,000 gallons

water capacity is allowed in M-2 or M-3 Zones, when located at least one-half (1/2) mile from property zoned or designated for residential use and at least one-half (1/2) mile from existing residential development with a density greater than one (1) dwelling unit per acre and at least one-half (1/2) mile from any hotel or motel.

2. The storage of liquefied petroleum gas in excess of 2,000 gallons water capacity is allowed in M-2 or M-3 Zones with a Conditional Use Permit issued by the Planning Department.

17.32.005 Establishment of limits of districts in which storage of explosives and

blasting agents is to be prohibited. The limits referred to in Section 3302 of the Kern County Fire Code, in which storage of explosives and blasting agents is prohibited are hereby established as the unincorporated area of the County of Kern, except that such storage is allowed in the following zoning districts:

1. M-2 Zone with a Conditional Use Permit issued by the Planning Department. 2. M-3 Zone.

17.32.006 Establishment of limits of districts in which the storage of compressed

natural gas is to be prohibited. The limits referred to in Section 2208.3.2 of the Kern County Fire Code, in which the storage of compressed natural gas is prohibited are hereby established as the unincorporated area of the County of Kern, except that such storage is allowed in the following zoning districts:

1. C-1, C-2, or CH Zones. 2. M-2 or M-3 Zones.


17.32.008 Section 101.1 amended – Title. Section 101.1 of Appendix Chapter 1 of the Kern County Fire Code is amended to read as follows:

101.1 Title. These regulations shall be known as the Kern County Fire Code, hereinafter referred to as “this code.” 17.32.010 Section 102.7 amended – Subjects not regulated by this Code. Section 102.7 of Appendix Chapter 1 of the Kern County Fire Code is amended to read as follows:

102.7 Subjects Not Regulated by this Code. Where no applicable standards or requirements are set forth in this code, or contained within other laws, codes, regulations or ordinances, the Fire Chief, in the exercise of his discretion, may interpret, administer and enforce this Code by reference to the standards of the American Insurance Association, the National Fire Protection Association, FM Global and such other nationally recognized fire safety standards as deemed appropriate. 17.32.012 Section 103.2 amended – Fire Code Official. Section 103.2 of Appendix Chapter 1 of the Kern County Fire Code is amended to read as follows:

103.2 Fire Code Official. The fire code official is designated as the Fire Chief of the Kern County Fire Department. 17.32.014 Section 103.3 amended – Fire personnel and police. Section 103.3 of Appendix Chapter 1 of the Kern County Fire Code is amended to read as follows:

103.3 Fire personnel and police. All chief officers, captains, and engineers, of the Kern County Fire Department shall have the powers of a peace officer in performing their duties under this Code.

When requested to do so by the fire chief, the Sheriff or the chief of police is authorized to assign such available law enforcement officers as necessary to assist the fire department in enforcing the provisions of this Code. 17.32.016 Section 105.1.1 amended – Permits required. Section 105.1.1 of Appendix Chapter 1 of the Kern County Fire Code is amended to read as follows:

105.1.1 Permits required. Permits required by this code shall be obtained from the fire prevention office. Applications for permits shall be made in such form and detail as prescribed by the chief. Applications for permits shall be accompanied by such plans as required by the chief.

The Chief, fire marshal and the building official shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies, which shall require permits, in addition to those now


enumerated in this code. The fire marshal shall post such list in a conspicuous place in his office, and distribute copies thereof to interested persons.

Any applicable permit fees shall be paid at the time of application for the permit. The fees shall be established by the Board of Supervisors.

A penalty fee shall be assessed to the owner or operator for failure to obtain a permit prior to commencing an operation for which a permit is required in Sections 105.6 and 105.7.

17.32.018 Section 105.6 amended – Required operational permits. Section 105.6 of Appendix Chapter 1 of the Kern County Fire Code is amended to read as follows:

105.6 Required operational permits. An operational permit shall be obtained from the Fire Department prior to engaging in the following activities, operations, practices or functions:

1. Burning. An operational permit is required to ignite or cause to be ignited tumbleweeds, agricultural waste or other combustible material as provided for by the Rules and Regulations of the Air Pollution Control District with jurisdiction.

2. Explosives or blasting agents. An operational permit is required for the manufacture, storage, handling, sale or use of any quantity of explosives, explosive materials within the scope of Chapter 33.

EXCEPTION: Storage in Group R-3 occupancies of smokeless propellant, black powder and small arms primers for personal use, not for resale and in accordance with Section 3306.

3. Fireworks booths. An operational permit is required to operate a

booth for the sale of Safe and Sane Fireworks. 4. Model rocket engines. An operational permit is required to sell or

offer for sale model rocket engines as defined in California Code of Regulations, Title 19, Subchapter

5. Place of assembly. An operational permit is required to conduct an assembly either outdoors or in a facility which is not designed or constructed as an assembly occupancy.

6. Public displays. An operational permit is required to store, discharge or use explosives or fireworks, other than Safe and Sane Fireworks at a public gathering.

7. Special effects. An operational permit is required to store, discharge or use pyrotechnic special effects materials, fireworks, explosives or open flame for filming or theatrical purposes.

8. Spraying or dipping. An operational permit is required to conduct a spraying or dipping operation utilizing flammable or combustible liquids and regulated by Chapter 15.

9. Business Operating Permit. An operational permit is required to conduct business or operate a facility that is regulated by the California State Fire Marshal.


10. Institutional Facility Operating Permit. An operational permit is required to operate an institutional facility regulated by the California State Fire Marshal.

17.32.020 Section 105.7 amended – Required construction permits. Section 105.7 of Appendix Chapter 1 of the Kern County Fire Code is amended to read as follows:

105.7 Required construction permits. A construction permit shall be obtained from the Fire Department prior to engaging in the following activities, operations, practices or functions:

1. Battery systems. A construction permit is required to install a battery charging station or a stationary storage battery system having a liquid capacity of more than 50 gallons (189 L).

2. Fire alarm systems. A construction permit is required to install, alter or modify a fire alarm system. Maintenance performed in accordance with this code is not considered a modification and does not require a permit.

3. Fire protection systems. A construction permit is required to install, alter or modify a fixed fire extinguishing system which uses halon, CO2, dry chemical, liquid agent or other extinguishing agent. Maintenance performed in accordance with this code is not considered a modification and does not require a permit.

4. Fire pumps and related equipment. A construction permit is required for installation of or modification to fire pumps and related fuel tanks, jockey pumps, controllers, and generators. Maintenance performed in accordance with this code is not considered a modification and does not require a permit.

5. Flammable or combustible liquid tanks. A construction permit is required:

A. To install an aboveground tank with a storage capacity of one hundred (100) gallons or more, which will hold flammable or combustible liquids.

EXCEPTION: A permit shall not be required for an oil production, refining or pipeline transportation tank when such tank or group of tanks spaced less than fifty (50) feet (1542 mm) apart, shell to shell, has a liquid surface area of fifteen hundred (1500) square feet (139 m2) or less, or has a capacity of less than one hundred (100) barrels.

B. To alter, rehabilitate, or place temporarily out of service or

otherwise dispose of any flammable or combustible liquid tank which is not related to oil production, refining or pipeline transportation activities.

C. To abandon or dispose of any aboveground flammable or combustible liquid tank.

EXCEPTION: A tank located on agricultural property which does not exceed one thousand one hundred (1,100) gallons.


6. Liquefied petroleum gas. Except for portable containers of less than

one hundred twenty-five (125) gallon aggregate water capacity, a construction permit is required to install any LP-gas container for other than single family residential use.

EXCEPTION: A permit shall be required for the installation of a tank for single-family residential use when such tank is capable of dispensing LP gas into other tank vessels.

7. Oil and Natural gas wells. To drill an oil or natural gas well which is

considered a "critical well" as defined by California Code of Regulations, Title 14, Section 1720(a).

8. Spraying or dipping. A construction permit is required to install or modify a spray room, dip tank or booth.

9. Sprinkler systems. A construction permit is required to install, alter or modify a fire sprinkler system. Maintenance performed in accordance with this code is not considered a modification and does not require a permit.

10. Standpipe systems. A construction permit is required for the installation, modification, or removal from service of a standpipe system. Maintenance performed in accordance with this code is not considered a modification and does not require a permit.

11. Tents, canopies and temporary membrane air-supported structures. A construction permit is required to erect an air-supported temporary membrane structure or a tent having an area in excess of 200 square feet (19 m2), or a canopy in excess of 400 square feet (37 m2).

EXCEPTIONS: 1. Tents used exclusively for recreational camping purposes. 2. Funeral tents and curtains or extensions attached thereto,

when used for funeral services. 3. Fabric canopies and awnings open on all sides which comply

with all of the following: 3.1. Individual canopies shall have a maximum size of 700 square

feet (65 m2). 3.2. The aggregate area of multiple canopies placed side by side

without a fire break clearance of not less than 12 feet (3658 mm) shall not exceed 700 square feet (65 m2) total.

3.3. A minimum clearance of 12 feet (3658 mm) to structures and other tents shall be maintained.

17.32.022 Section 106.5 added – Inspection requests. Section 106.5 is added to Appendix Chapter 1 of the Kern County Fire Code to read as follows:

106.5 Inspection requests. It shall be the duty of the person doing the work authorized by a permit to notify the fire prevention office that such work is ready for


inspection. Every request for inspection shall be filed not less than two working days before such inspection is desired. Such request may be in writing or by telephone. 17.32.024 Section 108.1 amended – Board of Appeals. Section 108.1 of Appendix Chapter 1 of the Kern County Fire Code is amended to read as follows:

108.1 Board of appeals. Any authority of the Fire Chief involving discretion, or interpretation of this Code, shall be exercised in a reasonable manner. Any decision of the Chief relating to the interpretation of this Code, or to the standards referred to hereinabove, shall be subject to appeal to the Board of Building Appeals, upon payment of the fee required for Kern County Building Code appeals to that Board. Any decision of the Board of Building Appeals shall be subject to appeal to the Board of Supervisors, as provided by Section 17.04.160 of this Code. 17.32.026 Section 109.3 amended – Violation penalties. Section 109.3 of Appendix Chapter 1 of the Kern County Fire Code is amended to read as follows:

109.3 Violation penalties. Except as provided herein, any person who shall violate a provision of this code or who shall fail to comply with any of the requirements thereof or fail to comply with any order made thereunder by competent authority, or who shall erect, install, alter, repair or do work which deviates from any specifications or plans submitted to and approved by the fire marshal, or of a permit or certificate issued under provisions of this code shall for each and every such violation or failure to comply be guilty of a misdemeanor and shall, upon conviction, be subject to a fine of not more than $500, or by imprisonment in the county jail of the County of Kern for not more than six (6) months, or both such fine and imprisonment. The maximum administrative penalty for a violation of sections 3308 or 3309 of this Code shall be a fine in the amount of one thousand five hundred dollars ($1,500.00). The administrative penalty for any violation of any other section of this Code shall be as provided in Kern County Ordinance Code Section 8.54.060. All enforcement of administrative penalties shall be conducted pursuant to Chapter 8.54 of the Kern County Ordinance Code.

A conviction for any offense under the provisions of this Code shall not excuse the violation or authorize its continuance and the person or persons convicted of such offense shall be required to correct or remedy any condition or installation which fails to comply with the requirements of this Code with reasonable diligence. Each day that a condition prohibited by the provisions of this Code is caused or permitted to be maintained or continued shall constitute a separate and distinct offense.

17.32.028 Section 111.4 amended – Failure to comply. Section 111.4 of Appendix Chapter 1 of the Kern County Fire Code is amended to read as follows:

111.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to


perform to remove a violation or unsafe condition, shall be liable to a fine of not less than $500 dollars or more than $1,000. 17.32.030 Section 305.5 added – Hazardous environmental conditions. Section 305.5 is added to Chapter 3 of the Kern County Fire Code to read as follows:

305.5 Hazardous environmental conditions. When the chief determines that hazardous environmental conditions necessitate restricted use of open flame or other ignition sources, the chief is authorized to prohibit the use or ignition of any such materials.

17.32.032 Section 401.3 amended – Emergency forces notification. Section 401.3 of Chapter 4 of the Kern County Fire Code is amended to read as follows:

401.3 Emergency forces notification. In the event an unwanted fire occurs or the discovery of a fire, smoke or unauthorized release of flammable or hazardous materials which necessitates an emergency response on any property occurs, the owner or occupant shall immediately report such condition to the fire department. Building employees and tenants shall implement the appropriate emergency plans and procedures. No person shall, by verbal or written directive, require any delay in the reporting of a fire to the fire department.

17.32.034 Table 405.2 Footnote ‘a’ amended – Fire and evacuation drill frequency

and participation. Footnote ‘a’ to Table 405.2 of Chapter 4 of the Kern County Fire Code is amended to read as follows:

a. The frequency in all school levels shall be allowed to be modified in accordance with Section 408.3.2. Secondary level schools need only conduct evacuation drills twice each school year. 17.32.036 Section 503.1.1 amended – Buildings and facilities. Section 503.1.1 of Chapter 5 of the Kern County Fire Code is amended to read as follows:

503.1.1 Buildings and facilities. Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction and for every mobile home as defined by Section 18211 of the Health and Safety Code hereafter located on a parcel of land. The fire apparatus access road comply with the requirements of this section and shall extend when any portion of the facility or any portion of an exterior wall of the first story of the building is located more than one hundred fifty (150) feet (45 720 mm) from fire apparatus access as measured by an approved route around the exterior of the building or facility.

EXCEPTIONS: The fire code official is authorized to increase the dimension of 150 feet (45 720 mm) where: 1. The building is equipped with an approved automatic fire sprinkler

system installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3.


2. Fire apparatus access roads cannot be installed because of location on property, topography, waterways, nonnegotiable grades or other similar conditions, and an approved alternative means of fire protection is provided.

Access in commercial, industrial, or other zones may require paving to match

the grade of the rails where railroad loading is planned. 17.32.038 Section 503.2.1 amended – Dimensions. Section 503.2.1 of Chapter 5 of the Kern County Fire Code is amended to read as follows:

503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than twenty (20) feet (6096 mm) and an unobstructed vertical clearance of fifteen (15) feet (4572 mm).

EXCEPTION: When serving only one Group R-3 or Group U Occupancy the unobstructed width of the access road may be twelve (12) feet (3658 mm).

No access road shall be less than thirty-two (32) feet (9754 mm) in width if

vehicle parking is permitted on one side of the access road and not less than forty (40) feet (12 192 mm) in width if vehicle parking is permitted on both sides of the access road. To permit the free passage of vehicles, access roads designed for vehicle parking on only one side shall have signs or markings prohibiting the parking of vehicles on the traffic flow side of the roadway.

An access road divided into separate adjacent one-way traffic lanes by a curbed divider or similar obstacle shall be not less than fifteen (15) feet (4572 mm) in unobstructed width on each side of the divider.

Vertical clearance or widths shall be increased when in the opinion of the chief, vertical clearances or widths are not adequate to provide fire apparatus access. 17.32.040 Section 503.4 amended – Obstruction of fire apparatus access roads. Section 503.4 of Chapter 5 of the Kern County Fire Code is amended to read as follows:

503.4 Obstruction of fire apparatus access roads. The required width of a fire apparatus access road shall not be obstructed in any manner, including parking of vehicles. Fire apparatus access roads that are temporarily impassable due to inclement weather conditions including, but not limited to snow, dust, and flood, are not considered obstructed. The minimum required widths and clearances established under Section 503.2.1 shall be maintained at all times. Fire apparatus access roads shall be established, constructed, and maintained in such a manner as to allow direct access to the building, mobile home or facility at all times without any physical obstruction or legal hindrance.

Entrances to roads, trails or other access-ways which have been closed with gates and barriers in accordance with Section 503.6 shall not be obstructed by parked vehicles. 17.32.042 Section 508 amended – Fire Protection Water Supplies. Section 508 of Chapter 5 of the Kern County Fire Code is amended to read as follows:


508.1 Required water supply. An approved water supply capable of

supplying the required fire flow for fire protection shall be provided to premises upon which facilities, buildings or portions of buildings are hereafter constructed or moved into or within the jurisdiction.

508.1.1 Existing facilities. When required by the chief, water supply and fire hydrants shall be provided at existing facilities when the fire load potential exceeds the water supply availability.

508.2 Type of water supply. The water supply shall consist of pressure tanks, elevated tanks, pumps, water mains or other fixed systems capable of providing the required fire flow.

508.2.1 Private fire service mains. Private fire service mains and appurtenances shall be installed in accordance with NFPA 24.

508.2.2 Water tanks. Water tanks for private fire protection shall be installed in accordance with NFPA 22.

508.3 Fire flow. Fire flow requirements for buildings or portions of buildings and facilities shall be determined by the fire code official and shall be computed on the basis of a minimum 20 p.s.i.g. (137.9 kPa) residual operating pressure at the point of lowest pressure of the street main from which the flow is measured. In setting the requirements for fire flow, the fire code official may be guided by the provisions in Appendix B and by the minimum requirements set forth in Table 508.5.7.1, but may require higher standards on the basis of local conditions, exposure, congestion, or construction of the building. The required fire flows are to be provided in addition to the domestic requirements.

508.4 Water supply test. The fire code official shall be notified prior to the water supply test. Water supply tests shall be witnessed by the fire code official or approved documentation of the test shall be provided to the fire code official prior to final approval of the water supply system.

508.5 Fire hydrant systems. Fire hydrant systems, including the location, number and type of fire hydrants, shall comply with Sections 508.5.1 through 508.5.7.

508.5.1 Where required. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains supplying the required fire flow shall be provided where required by the fire code official.

EXCEPTIONS: 1. For Group R-3 and Group U occupancies, the distance requirement

shall be 600 feet (183 m). 2. For other than Group H occupancies and facilities with high-piled

combustible storage, buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m).

508.5.2 Inspection, testing and maintenance. Fire hydrant systems shall

be subject to periodic tests as required by the fire code official. Fire hydrant systems shall


be maintained in an operative condition at all times and shall be repaired where defective. Additions, repairs, alterations and servicing shall comply with approved standards.

508.5.3 Private fire service mains and water tanks. Private fire service mains and water tanks shall be periodically inspected, tested and maintained in accordance with Title 19 California Code of Regulations, Chapter 5.

508.5.4 Obstruction. Posts, fences, vehicles, growth, trash, storage and other materials or objects shall not be placed or kept near fire hydrants, fire department inlet connections or fire protection system control valves in a manner that would prevent such equipment or fire hydrants from being immediately discernible. The fire department shall not be deterred or hindered from gaining immediate access to fire protection equipment or fire hydrants.

Fire hydrants shall be accessible to the fire department apparatus by roadways meeting the requirements of Section 503.

508.5.5 Clear space around hydrants. A clear space of 3-feet (914 mm) shall be maintained around the circumference of fire hydrants except as otherwise required or approved.

508.5.6 Physical protection. Where fire hydrants are subject to impact by a motor vehicle, guard posts or other approved means shall comply with Section 312.

508.5.7 Fire hydrant installations. The location, number and type of fire hydrants shall be in accordance with Sections 508.5.7.1 through 508.5.7.3 and as required and approved by the fire code official. Such fire hydrants shall be provided on the public street or on the site of the premises to be protected as required and approved by the fire code official.

508.5.7.1 Fire hydrant spacing. Fire hydrants shall be installed with a maximum spacing between hydrants as indicated in Table No. 508.5.7.1 and the following:

1. A hydrant shall be placed at each intersection except where this would provide excessive hydrant coverage.

EXCEPTION: The spacing of hydrants shall have an individual tolerance of ten (10) percent. However, the average spacing between any three (3) adjacent hydrants shall not exceed the required spacing.

2. Fire hydrant spacing shall be computed separately for each side of major highways, divided roadways, canals, or railways.

3. The last hydrant on a cul-de-sac or stub street shall not be more than one-half (1/2) the maximum spacing from the end of the street.


TABLE NO. 508.5.7.1 - Fire Flow Requirements District

Classification

Minimum Fire Flowa

Minimum Duration (Hours)

Maximum Hydrant Spacing

Residential Includes: 1 and 2 family dwellings

500 GPM 1893 L/min 1 660'

202 m Commercial Includes: all commercial uses, hotels, apartments, multiple residence buildings, schools, and colleges

1,000 GPM 3785 L/min 2 330'

101 m

Industrial 1,500 GPM 5678 L/min 4 330'

101 m a When required by the fire code official, the required fire flow may be increased in accordance with Section 508.3.

508.5.7.2 Installation. Whenever any hydrant or other valve which is

intended for use for fire suppression purposes, is installed or replaced, the same shall be installed or replaced in accordance with the Kern County Development Standards.

508.5.7.3 Water distribution system. The water distribution system shall be provided with valves and other facilities, such as tanks, so that no point on any lot at the street right-of-way shall be more than one and one-half (1-1/2) times the maximum hydrant spacing from a working hydrant as a result of any single break or shutdown for repairs, except where impractical.

All water mains serving hydrants shall have a minimum nominal diameter of six (6) inches (15 mm). Stub lines over eight hundred (800) feet (24 m) in length or supporting more than one hydrant shall have a minimum nominal diameter of eight (8) inches (20 mm). 17.32.044 Section 703.1 amended – Maintenance. Section 703.1 of Chapter 7 of the Kern County Fire Code is amended to read as follows:

703.1 Maintenance. The required fire-resistance rating of fire-resistance-rated construction (including walls, firestops, shaft enclosures, partitions, smoke barriers, floors, fire-resistive coatings and sprayed fire-resistant materials applied to structural members and fire-resistant joint systems) shall be maintained. Such elements shall be properly repaired, restored or replaced when damaged, altered, breached or penetrated. Openings made therein for the passage of pipes, electrical conduit, wires, ducts, air transfer openings and holes made for any reason shall be protected with approved methods capable of resisting the passage of smoke and fire. Openings through fire-resistance-rated assemblies shall be protected by self- or automatic-closing doors of approved construction meeting the fire protection requirements for the assembly.

Any deficiency or lack of maintenance, or opening or hole in the structure which would tend to increase the severity of fire or the spread of fire shall be corrected immediately.


17.32.045 Section 806.1.1 amended – General. Section 806.1.1 of Chapter 8 of the Kern County Fire Code of is amended to read as follows:

806.1.1 Restricted occupancies. Natural cut trees shall be prohibited in Group A, E, I-1, I-2, I-3, I-4, M, R-1, R-2 and R-4 occupancies.

EXCEPTIONS: 1. Trees located in areas protected by an approved automatic sprinkler

system installed in accordance with Section 903.3.1.1 or 903.3.1.2 shall not be prohibited in Groups A, E, M, R-1 and R-2.

2. Trees shall be allowed within dwelling units in Group R-2 occupancies. 3. Trees located and treated in accordance with Kern Fire Prevention

Standard 806.1-1.

17.32.046 Section 903.2.1 amended – Group A. Section 903.2.1 of Chapter 9 of the Kern County Fire Code is amended to read as follows:

903.2.1 Group A. An automatic sprinkler system shall be provided throughout buildings and portions thereof used as Group A occupancies as provided in this section. For Group A-1, A-2, A-3, and A-4 occupancies, the automatic sprinkler system shall be provided throughout the entire building containing a Group A-1, A-2, A-3 or A-4 occupancy. For Group A-5 occupancies, the automatic sprinkler system shall be provided in the spaces indicated in Section 903.2.1.5. 17.32.047 Section 903.2.1.1 amended – Groups A-1, A-2, A-3 and A-4. Section 903.2.1.1 of Chapter 9 of the Kern County Fire Code is amended to read as follows:

903.2.1.1 Groups A-1, A-2, A-3 and A-4. An automatic sprinkler system shall be provided for Group A-1, A-2, A-3 and A-4 occupancies.

EXCEPTIONS: 1. Areas used exclusively as participant sports areas where the main

floor area is located at the same level as the level of exit discharge of the main entrance and exit.

2. Conference rooms of less than 1,000 square feet (93 m2) when located in another occupancy Group.

17.32.048 Section 903.2.1.2 deleted – Group A-2. Section 903.2.1.2 of Chapter 9 of the Kern County Fire Code is deleted. 17.32.049 Section 903.2.1.3 deleted – Group A-3. Section 903.2.1.3 of Chapter 9 of the Kern County Fire Code is deleted.


17.32.050 Section 903.2.1.4 deleted – Group A-4. Section 903.2.1.4 of Chapter 9 of the Kern County Fire Code is deleted. 17.32.051 Section 903.2.2 amended – Group E. Section 903.2.2 of Chapter 9 of the Kern County Fire Code is amended to read as follows:

903.2.2 Group E. Except as provided for in Sections 903.2.2.1 for a new public school campus and 907.2.3.6.1 (fire alarm and detection) for modernization of an existing public school campus building(s), an automatic sprinkler system shall be provided for Group E occupancies as follows:

1. Throughout all Group E fire areas greater than 10,000 square feet (929 m2) in area.

2. Throughout every portion of educational buildings below the level of exit discharge.

EXCEPTION: An automatic sprinkler system is not required in any fire area or area below the level of exit discharge where every classroom throughout the building has at least one exterior exit door at ground level.

3. In rooms or areas with special hazards such as laboratories, vocational

shops and other such areas where hazardous materials in exempt amounts are used or stored.

903.2.2.1 Public schools – automatic sprinkler system requirements. 903.2.2.1.1 New public school campus. A State Fire Marshal approved

automatic sprinkler system shall be provided on all new public school campus as defined in section 202 and maintained in accordance with this code and Chapter 45. See Section 907.2.3.6 for automatic detection requirements and “ceiling-plenum” spaces.

903.2.2.1.2 Permanent portable buildings. A portable building that is used to serve or house students and is certified, as a permanent building on a new public school campus by the public school administration shall comply with the requirements of Section 903.2.2.1.1.

903.2.2.1.3 Fire-resistive substitution for new campus. A new public school campus as defined in Section 202 shall be entitled to include in the design and construction documents all of the applicable fire-resistive construction substitutions as permitted by the California Building Code.

17.32.052 Section 903.2.3 amended – Group F. Section 903.2.3 of Chapter 9 of the Kern County Fire Code is amended to read as follows:

903.2.3 Group F. An automatic sprinkler system shall be provided throughout all buildings containing a Group F occupancy where one of the following conditions exists:

1. Where a Group F fire area exceeds 10,000 square feet (929 m2); 2. Where a Group F fire area is located more than three stories above

grade plane; or


3. Where the combined area of all Group F fire areas on all floors, including any mezzanines, exceeds 24,000 square feet (2230 m2).

903.2.3.1 Woodworking operations. An automatic sprinkler system shall be provided throughout all Group F-1 occupancy fire areas that contain woodworking operations in excess of 2,500 square feet in area (232 m2) which generate finely divided combustible waste or which use finely divided combustible materials.

17.32.053 Section 903.2.6 amended – Groups M and B. Section 903.2.6 of Chapter 9 of the Kern County Fire Code is amended to read as follows:

903.2.6 Groups M and B. An automatic sprinkler system shall be provided throughout buildings containing a Group M or B occupancy where one of the following conditions exists:

1. Where a Group M or B fire area exceeds 10,000 square feet (929 m2); 2. Where a Group M or B fire area is located more than three stories

above grade plane; or 3. Where the combined area of all Group M or B fire areas on all floors,

including any mezzanines, exceeds 24,000 square feet (2230 m2). 903.2.6.1 High-piled storage. An automatic sprinkler system shall be

provided as required in Chapter 23 in all buildings of Group M where storage of merchandise is in high-piled or rack storage arrays.

17.32.054 Section 903.2.7 amended – Group R. Section 903.2.7 of Chapter 9 of the Kern County Fire Code is amended to read as follows:

903.2.7 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R fire area.

EXCEPTIONS: 1. Detached one- and two-family dwellings and multiple single-family

dwellings (town houses) not more than three stories above grade plane in height with a separate means of egress, unless specifically required by other sections of this code, or classified as Group R-4, or in excess of 10,000 square feet of fire area.

2. Group U private garages accessory to a Group R-3 occupancy. 3. Group R-3.1 occupancies not housing bedridden clients, not housing

nonambulatory clients above the first floor, and not housing clients above the second floor.

4. Pursuant to Health and Safety Code Section 13113, occupancies housing ambulatory children only, none of whom are mentally ill or mentally retarded, and the buildings or portions thereof in which such children are housed are not more than two stories in height, and buildings or portions thereof housing such children have an automatic fire alarm system activated by approved smoke detectors.

5. Pursuant to Health and Safety Code Section 13143.6, occupancies licensed for protective social care which house ambulatory clients


only, none of whom is a child (under the age of 18 years), or who is elderly (65 years of age or over).

An automatic sprinkler system designed in accordance with Section 903.3.1.3

shall not be utilized in Group R-4. 17.32.055 Section 903.2.8 amended – Group S. Section 903.2.8 of Chapter 9 of the Kern County Fire Code is amended to read as follows:

903.2.8 Group S. An automatic sprinkler system shall be provided throughout all buildings containing a Group S occupancy where one of the following conditions exists:

1. A Group S fire area exceeds 10,000 square feet (929 m2); 2. A Group S fire area is located more than three stories above grade

plane; or 3. The combined area of all Group S fire areas on all floors, including any

mezzanines, exceeds 24,000 square feet (2230 m2). 903.2.8.1 Repair garages. An automatic sprinkler system shall be provided

throughout all buildings used as repair garages in accordance with the Kern County Building Code, as follows:

1. Buildings with a fire area containing a repair garage exceeding 10,000 square feet (929 m2).

2. Buildings with a repair garage servicing vehicles parked in the basement.

903.2.8.2 Bulk storage of tires. Buildings and structures where the area for the storage of tires exceeds 20,000 cubic feet (566 m3) shall be equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1. 17.32.056 Section 903.2.10.3 amended – Multi-story buildings. Section 903.2.10.3 of Chapter 9 of the Kern County Fire Code is amended to read as follows:

903.2.10.3 Multi-story Buildings. An automatic sprinkler system shall be installed throughout buildings more than 3 stories in height or with a floor level having an occupant load of 30 or more that is located 55 feet (16 764 mm) or more above the lowest level of fire department vehicle access.

EXCEPTIONS: 1. Airport control towers. 2. Open parking structures.

17.32.058 Section 903.3.1.2.2 added – Attic area of Group R. Section 903.3.1.2.2 of Chapter 9 of the Kern County Fire Code is added to read as follows:

903.3.1.2.2 Attic areas of Group R. Sprinkler protection shall be provided

within attic areas of Group R occupancies more than two stories in height. Sprinkler


spacing and design in the attic areas shall be as required for attic areas in accordance with 903.3.1.1.

17.32.060 Section 903.3.8 added – Fire sprinkler control room. Section 903.3.8 of Chapter 9 of the Kern County Fire Code is added to read as follows:

903.3.8 Fire sprinkler control room. When an automatic fire sprinkler system is installed in a building constructed for multiple tenants and the system protects multiple tenant spaces, the main controls, risers, gauges and appurtenances shall be located in an attached room or enclosure with access only from an exterior door which has a minimum size of 3’0” wide and 6’8” high. The equipment required to be in the fire sprinkler control room shall be located in the fire alarm control room when one is required in accordance with Section 907.21.

17.32.062 Section 903.6 amended – Existing buildings. Section 903.6 of Chapter 9 of the Kern County Fire Code is amended to read as follows:

903.6 Existing buildings. The provisions of this section are intended to provide a reasonable degree of safety in existing structures not complying with the minimum requirements of the International Building Code by requiring installation of an automatic fire-extinguishing system.

903.6.1 Pyroxylin plastics. An automatic sprinkler system shall be provided in all existing buildings where cellulose nitrate film or pyroxylin plastics are manufactured, stored or handled in quantities exceeding 100 pounds (45 kg). Vaults located within buildings for the storage of raw pyroxylin shall be protected with an approved automatic sprinkler system capable of discharging 1.66 gallons per minute per square foot (68 L/min/m2) over the area of the vault.

903.6.2 Existing buildings. An automatic sprinkler system shall be installed in existing buildings as follows:

1. When the floor area of an existing building is increased by twenty-five (25) percent or more, and the total floor area exceeds ten thousand (10,000) square feet (929 m2) before or after the addition, an automatic sprinkler system shall be installed throughout the entire building.

EXCEPTIONS: 1. When the increase in floor area is less than twenty-five percent

(25%) of the existing floor area, this section does not apply. 2. Where a fire wall of 4 hour fire-resistive construction without

openings is installed to separate the new and existing portions of the building, only the new portion need comply.

2. When the assembly occupant load of an existing building is increased

by fifty (50) percent or more, and the assembly occupant load exceeds fifty (50) people before or after the addition, an automatic sprinkler system shall be installed throughout the entire building.


17.32.064 Section 905.5.3 deleted – Class II system 1-inch hose. Section 905.5.3 of Chapter 9 of the Kern County Fire Code is deleted. 17.32.066 Section 907.21 added – Fire alarm control room. Section 907.21 of Chapter 9 of the Kern County Fire Code is added to read as follows:

907.21 Fire alarm control room. When a fire alarm system is installed in a building constructed for multiple tenants and the system protects multiple tenant spaces, the fire alarm control panel and appurtenances shall be located in an attached room or enclosure with access only from an exterior door which has a minimum size of 3’0” wide and 6’8” high. The equipment required to be in the fire alarm control room shall be located in the fire sprinkler control room when one is required in accordance with Section 903.3.8.

17.32.068 Section 910.1 amended – General. Section 910.1 of Chapter 9 of the Kern County Fire Code of is amended to read as follows:

910.1 General. Where required by this code or otherwise installed, smoke

and heat vents or mechanical smoke exhaust systems and draft curtains shall conform to the requirements of this section.

EXCEPTIONS: 1. Frozen food warehouses used solely for storage of Class I and II

commodities where protected by an approved automatic sprinkler system.

2. Where areas of buildings are equipped with early suppression fast-response (ESFR) sprinklers, smoke and heat venting shall be provided by mechanical smoke exhaust systems in accordance with Section 910.4 within these areas.

17.32.070 Section 2205.1 amended – Tank filling operations for Class I, II or III

fuels. Section 2205.1 of Chapter 22 of the Kern County Fire Code of is amended to read as follows:

2205.1 Tank filling operations for Class I, II or III liquid fuels. Delivery

operations to tanks for Class I, II or III liquid fuels shall comply with Sections 2205.1.1 through 2205.1.3 and the applicable requirements of Chapter 34.

17.32.072 Section 2205.1.1 amended – Delivery vehicle location. Section 2205.1.1 of Chapter 22 of the Kern County Fire Code of is amended to read as follows:

2205.1.1 Delivery vehicle location. Where liquid delivery to above-ground storage tanks is accomplished by positive-pressure operation, tank vehicles shall be positioned a minimum of 25 feet (7620 mm) from tanks receiving Class I liquids and 15 feet (4572 mm) from tanks receiving Class II and III liquid fuels.


17.32.074 Section 2206.2 amended – Method of storage. Section 2206.2 of Chapter 22 of the Kern County Fire Code of is amended to read as follows:

2206.2 Method of storage. Approved methods of storage for Class I, II and

III liquid fuels at motor fuel-dispensing facilities shall be in accordance with Sections 2206.2.1 through 2206.2.5.

2206.2.1 Underground tanks. Underground tanks for the storage of Class I, II and III liquid fuels shall comply with Chapter 34.

2206.2.1.1 Inventory control for underground tanks. Accurate daily inventory records shall be maintained and reconciled on underground fuel storage tanks for indication of possible leakage from tanks and piping. The records shall be kept at the premises or made available for inspection by the fire code official within 24 hours of a written or verbal request and shall include records for each product showing daily reconciliation between sales, use, receipts and inventory on hand. Where there is more than one system consisting of tanks serving separate pumps or dispensers for a product, the reconciliation shall be ascertained separately for each tank system. A consistent or accidental loss of product shall be immediately reported to the fire code official.

2206.2.2 Above-ground tanks located inside buildings. Above-ground tanks for the storage of Class I, II and III liquid fuels are allowed to be located in buildings. Such tanks shall be located in special enclosures complying with Section 2206.2.6, in a liquid storage room or a liquid storage warehouse complying with Chapter 34, or shall be listed and labeled as protected above-ground tanks.

2206.2.3 Above-ground tanks located outside, above grade. Above-ground tanks shall not be used for the storage of Class I, II or III liquid motor fuels except as provided by this section.

1. In areas not accessible to the public, above-ground tanks used for outside, above-grade storage of Class I, II or III liquid fuels shall be listed and labeled as protected above-ground tanks and be in accordance with Chapter 34. Such tanks shall be located in accordance with Table 2206.2.3.

2. In areas accessible to the public, above-ground tanks used for above-grade storage of Class II or III liquid fuels shall be protected above-ground tanks provided the separation requirements to buildings, property lines, dispensing areas and parking areas in Table 2206.2.3 are increased to 50 feet (152.4 mm).

3. Tanks containing fuels shall not exceed 12,000 gallons (45 420 L) in individual capacity or 48,000 gallons (181 680 L) in aggregate capacity. Installations with the maximum allowable aggregate capacity shall be separated from other such installations by not less than 100 feet (30 480 mm).

4. Tanks located at farms, construction projects, or rural areas shall comply with Section 3406.2.

2206.2.4 Above-ground tanks located in above-grade vaults or below-grade vaults. Above-ground tanks used for storage of Class I, II or III liquid motor fuels are allowed to be installed in vaults located above grade or below grade in accordance with Section 3404.2.8 and shall comply with Sections 2206.2.4.1 and 2206.2.4.2. Tanks in above-grade vaults shall also comply with Table 2206.2.3.


2206.2.4.1 Tank capacity limits. Tanks storing Class I and Class II liquids at an individual site shall be limited to a maximum individual capacity of 15,000 gallons (56 775 L) and an aggregate capacity of 48,000 gallons (181 680 L).

2206.2.4.2 Fleet vehicle motor fuel-dispensing facilities. Tanks storing Class II and Class III liquid fuels at a fleet vehicle motor fuel-dispensing facility shall be limited to a maximum individual capacity of 20,000 gallons (75 700 L) and an aggregate capacity of 80,000 gallons (302 800 L).

2206.2.5 Portable tanks. Where approved by the fire code official, portable tanks are allowed to be temporarily used in conjunction with the dispensing of Class I, II or III liquid fuels into the fuel tanks of motor vehicles or motorized equipment on premises not normally accessible to the public. The approval shall include a definite time limit.

2206.2.6 Special enclosures. Where installation of tanks in accordance with Section 3404.2.11 is impractical, or because of property or building limitations, tanks for liquid motor fuels are allowed to be installed in buildings in special enclosures in accordance with all of the following:

1. The special enclosure shall be liquid tight and vapor tight. 2. The special enclosure shall not contain backfill. 3. Sides, top and bottom of the special enclosure shall be of reinforced

concrete at least 6 inches (152 mm) thick, with openings for inspection through the top only.

4. Tank connections shall be piped or closed such that neither vapors nor liquid can escape into the enclosed space between the special enclosure and any tanks inside the special enclosure.

5. Means shall be provided whereby portable equipment can be employed to discharge to the outside any vapors which might accumulate inside the special enclosure should leakage occur.

6. Tanks containing Class I, II or III liquids inside a special enclosure shall not exceed 6,000 gallons (22 710 L) in individual capacity or 18,000 gallons (68 130 L) in aggregate capacity.

7. Each tank within special enclosures shall be surrounded by a clear space of not less than 3 feet (910 mm) to allow for maintenance and inspection.

17.32.076 Section 2206.6.2 amended – Piping, valves, fittings and ancillary

equipment for above-ground tanks for Class I, II and III liquid fuels. Section 2206.6.2 of Chapter 22 of the Kern County Fire Code of is amended to read as follows:

2206.6.2 Piping, valves, fittings and ancillary equipment for above-ground tanks for Class I, II and III liquid fuels. Piping, valves, fittings and ancillary equipment for above-ground tanks shall comply with Sections 2206.6.2.1 through 2206.6.2.6.

17.32.078 Section 2206.7.6 amended – Fuel delivery nozzles. Section 2206.7.6 of Chapter 22 of the Kern County Fire Code of is amended to read as follows:


2206.7.6 Fuel delivery nozzles. A listed automatic-closing-type hose nozzle

valve with or without a latch-open device shall be provided on island-type dispensers used for dispensing Class I, II or III liquid fuels.

Overhead-type dispensing units shall be provided with a listed automatic-closing-type hose nozzle valve without a latch-open device.

EXCEPTION: A listed automatic-closing-type hose nozzle valve with latch-open device is allowed to be used on overhead-type dispensing units where the design of the system is such that the hose nozzle valve will close automatically in the event the valve is released from a fill opening or upon impact with a driveway.

17.32.079 Section 2206.7.6.1 amended – Special requirements for nozzles. Section 2206.7.6.1 of Chapter 22 of the Kern County Fire Code of is amended to read as follows:

2206.7.6.1 Special requirements for nozzles. Where dispensing of Class I, II or III liquid fuels is performed, a listed automatic-closing-type hose nozzle valve shall be used incorporating all of the following features:

1. The hose nozzle valve shall be equipped with an integral latch-open device.

2. When the flow of product is normally controlled by devices or equipment other than the hose nozzle valve, the hose nozzle valve shall not be capable of being opened unless the delivery hose is pressurized. If pressure to the hose is lost, the nozzle shall close automatically.

EXCEPTION: Vapor recovery nozzles incorporating insertion interlock devices designed to achieve shutoff on disconnect from the vehicle fill pipe.

3. The hose nozzle shall be designed such that the nozzle is retained in the fill pipe during the filling operation.

4. The system shall include listed equipment with a feature that causes or requires the closing of the hose nozzle valve before the product flow can be resumed or before the hose nozzle valve can be replaced in its normal position in the dispenser.

17.32.080 Section 2208.3.2 amended – Maximum capacity within established

limits. Section 2208.3.2 of Chapter 22 of the Kern County Fire Code is amended to read as follows:

2208.3.2 Maximum capacity within established limits. Within the limits established by law restricting the storage of compressed flammable gas for the protection of heavily populated or congested areas, the aggregate capacity of any one installation shall not exceed a water capacity of 183,000 gallons (5 181 974 L).


17.32.081 Section 2210.1 amended – General. Section 2210.1 of Chapter 22 of the Kern County Fire Code of is amended to read as follows:

2210.1 General. The construction of marine motor fuel-dispensing facilities shall be in accordance with the International Building Code and NFPA 30A. The storage of Class I, II or III liquid fuels at marine motor fuel-dispensing facilities shall be in accordance with this chapter and Chapter 34.

17.32.082 Section 2210.2 amended – Storage and handling. Section 2210.2 of Chapter 22 of the Kern County Fire Code of is amended to read as follows:

2210.2 Storage and handling. The storage and handling of Class I, II or III liquid fuels at marine motor fuel-dispensing facilities shall be in accordance with Sections 2210.2.1 through 2210.2.3.

2210.2.1 Class I, II or III liquid fuel storage. Class I, II or III liquid fuels stored inside of buildings used for marine motor fuel-dispensing facilities shall be stored in approved containers or portable tanks. Storage of Class I liquids shall not exceed 10 gallons (38 L).

EXCEPTION: Storage in liquid storage rooms in accordance with Section 3404.3.7. 2210.2.2 Class II or III liquid fuel storage and dispensing. Class II or III

liquid fuels stored or dispensed inside of buildings used for marine motor fuel-dispensing facilities shall be stored in and dispensed from approved containers or portable tanks. Storage of Class II and III liquids shall not exceed 120 gallons (454 L).

2210.2.3 Heating equipment. Heating equipment installed in Class I, II or III liquid storage or dispensing areas shall comply with Section 2201.6.

17.32.083 Section 2210.3.2 amended – Supervision. Section 2210.3.2 of Chapter 22 of the Kern County Fire Code is amended to read as follows:

2210.3.2 Supervision. Marine motor fuel-dispensing facilities shall have an attendant or supervisor who is fully aware of the operation, mechanics and hazards inherent to fueling of boats on duty whenever the facility is open for business. The attendant’s primary function shall be to supervise, observe and control the dispensing of Class I, II or III liquids or flammable gases.

17.32.084 Section 2210.3.3 amended – Hoses and nozzles. Section 2210.3.3 of Chapter 22 of the Kern County Fire Code is amended to read as follows:


2210.3.3 Hoses and nozzles. Dispensing of Class I, II or III liquid fuels into the fuel tanks of marine craft shall be by means of an approved-type hose equipped with a listed automatic-closing nozzle without a latch-open device.

Hoses used for dispensing or transferring Class I, II or III liquid fuels, when not in use, shall be reeled, racked or otherwise protected from mechanical damage.

17.32.085 Section 2210.3.4 amended – Portable containers.

Section 2210.3.4 of Chapter 22 of the Kern County Fire Code is amended to read as follows:

2210.3.4 Portable containers. Class I, II or III liquid fuels shall not be

dispensed into a portable container unless such container is approved.

17.32.086 Section 2210.5.2 amended – Spills. Section 2210.5.2 of Chapter 22 of the Kern County Fire Code is amended to read as

follows:

2210.5.2 Spills. Spills of Class I, II or III liquid fuels at or on the water shall be reported immediately to the fire department and jurisdictional authorities.

17.32.087 Table 2306.2 Footnote ‘j’ amended – General Fire Protection and Life

Safety Requirements. Footnote ‘j’ on Table 2306.2 of Chapter 23 of the Kern County Fire Code is amended to read as follows:

j. Smoke and heat removal shall be accomplished by mechanical ventilation in accordance with Section 910.4 when storage areas are protected by early suppression fast response (ESFR) sprinkler systems installed in accordance with NFPA 13. 17.32.088 Section 2701.1 amended – Scope. Section 2701.1 of Chapter 27 of the Kern County Fire Code of is amended to read as follows:

2701.1 Scope. Prevention, control and mitigation of dangerous conditions

related to storage, dispensing, use and handling of hazardous materials shall be in accordance with this chapter.

This chapter shall apply to all hazardous materials, including those materials regulated elsewhere in this code, except that when specific requirements are provided in other chapters, those specific requirements shall apply in accordance with the applicable chapter. Where a material has multiple hazards, all hazards shall be addressed.

EXCEPTIONS: 1. The quantities of alcoholic beverages, medicines, foodstuffs,

cosmetics and consumer or industrial products containing not more than 50 percent by volume of water-miscible liquids and with the remainder of the solutions not being flammable, in retail or wholesale


sales occupancies, are unlimited when packaged in individual containers not exceeding 1.3 gallons (5 L).

2. Application and release of pesticide and agricultural products and materials intended for use in weed abatement, erosion control, soil amendment or similar applications when applied in accordance with the manufacturers’ instructions and label directions.

3. The off-site transportation of hazardous materials when in accordance with Department of Transportation (DOTn) regulations.

4. Building materials not otherwise regulated by this code. 5. Refrigeration systems (see Section 606). 6. Stationary storage battery systems regulated by Section 608. 7. The display, storage, sale or use of fireworks and explosives in

accordance with Chapter 33. 8. Corrosives utilized in personal and household products in the

manufacturers’ original consumer packaging in Group M occupancies. 9. The storage of distilled spirits and wines in wooden barrels and casks

when in accordance with FM Global Operating Standard 8-8. 10. The use of wall-mounted dispensers containing alcohol-based hand

rubs classified as Class I or II liquids when in accordance with Section 3405.5.

17.32.089 Section 2701.7 added – Facility correction plan. Section 2701.7 of Chapter 27 of the Kern County Fire Code is amended to read as follows:

2701.7 Facility correction plan. When required by the fire code official, any business subject to regulation by this code shall submit a Facility Correction Plan to Fire Prevention under the following conditions when such business is required to take and complete corrective action concerning adequate labeling, or repackaging damaged or deteriorated containers, the owner shall submit a facility correction plan within the time specified by the fire code official.

The Facility Correction Plan shall demonstrate that hazardous materials stored, dispensed, handled or used in the facility shall be transported, disposed of or handled in a manner that eliminates the need for further maintenance, that any threat to public health and safety will be eliminated and that all federal, state and local requirements will be met to ensure the safe closure or correction of the facility.

The business shall not commence any action to correct the facility until the plan has been approved.

17.32.090 Section 2703.5 amended – Hazard identification signs. Section 2703.5 of Chapter 27 of the Kern County Fire Code is amended to read as follows:

2703.5 Hazard identification signs. Unless otherwise exempted by the fire code official, visible hazard identification signs as specified in NFPA 704, or other labels or signs approved by the fire code official, for the specific material contained shall be placed on stationary containers and above-ground tanks and at entrances to locations where hazardous materials are stored, dispensed, used or handled in quantities requiring a permit and at specific entrances and locations designated by the fire code official.


17.32.091 Section 2903.4 amended – Agricultural products. Section 2903.4 of Chapter 29 of the Kern County Fire Code is amended to read as follows:

2903.4 Agricultural products. Hay, straw, seed cotton or similar agricultural products shall not be stored adjacent to structures or combustible materials unless a clear horizontal distance equal to the height of a pile is maintained between such storage and structures or combustible materials. Storage shall be limited to stacks of 100 tons (91 metric tons) each. Either an approved one (1) hour fire barrier constructed as specified in the Kern County Building Code or a clear space of twenty (20) feet (6096 mm) shall be maintained between such stacks.

Quantities of hay, straw, seed cotton and other agricultural products shall not be limited where stored on a farm or on other premises located within an A-Exclusive Agricultural Zone, as defined in the Kern County Zoning Ordinance (commencing with Section 19.02.010 of the Kern County Code).

17.32.092 Section 3302 added – Storage within established limits. Section 3302 is added to Chapter 33 of the Kern County Fire Code to read as follows:

3302 Storage within established limits. Storage of explosive materials is prohibited within the limits established by law as the limits of districts in which such storage is prohibited. 17.32.093 Section 3303 amended – Fireworks. Section 3303 to Chapter 33 of the Kern County Fire Code is amended to read as follows:

3303 Fireworks. The possession, manufacture, storage, sale, handling and use of fireworks are prohibited.

EXCEPTIONS: 1. Storage and handling of fireworks as allowed in Section 3304. 2. Manufacture, assembly and testing of fireworks as allowed in Section

3305. 3. The use of fireworks for display as allowed in Section 3308. 4. The possession, storage, sale, handling and use of safe and sane

fireworks when in accordance with Section 3309. 17.32.094 Section 3309 added – Safe and sane fireworks. Section 3309 is added to Chapter 33 of the Kern County Fire Code to read as follows:

3309 Safe and sane fireworks. 3309.1 General. Fireworks defined and classified as "Safe and Sane" in

accordance with the provisions of California Code of Regulations, Title 19, may be displayed, sold, possessed and used pursuant to the following provisions of this Article, except within the Wildland-Urban Interface Fire Area.


3309.2 Permits. 3309.2.1 Permit required. It shall be unlawful for any person to offer for sale

any fireworks without first obtaining a permit from the Kern County Fire Department Fire Prevention Office. A permit shall not be issued unless the person applying for the permit has first obtained a license from the California State Fire Marshal in accordance with the provisions of California Code of Regulations, Title 19, Subchapter 6. No one organization may receive more than one permit for fireworks sales during any one calendar year. See Section 105, Permit f.6.

3309.2.2 Non-profit or charitable organization. A permit for the sale of "Safe and Sane Fireworks" shall be issued only to a nonprofit organization or corporation organized and existing primarily for veterans, patriotic, religious, welfare, charitable or civic-betterment purposes, organized and established in the County for a period of at least one (1) year prior to the filing of an application for permit.

3309.2.3 Application for permit. An application for a permit shall be filed with the Kern County Fire Department Fire Prevention Office between 8:00 A.M. on March 1 and 5:00 P.M. on May 15 of each year. Any permit issued shall be valid only for the premises or location for which it is issued, shall not be transferable, assignable or renewable, and shall be valid only for the times and dates specified in the permit. Each application shall include the following information and documents:

1. Name and address of the applicant. The applicant must be an officer of the organization.

2. The purpose of the nonprofit organization or corporation; its principal and permanent meeting place; the approximate date of its establishment in the County; the total number of its local membership; and the names and addresses of its officers.

3. The location where the applicant will sell safe and sane fireworks, together with a plot plan showing the location of the temporary fireworks stand and all related structures, and written approval and consent to use such location for such use by the owner or lessee.

4. The zoning district applicable to the location where such fireworks are to be displayed and sold.

5. A plot plan showing the location of the temporary fireworks stand, property lines, utilities, location of permanent and temporary structures, driveways and sanitary facilities.

6. A one million dollar ($1,000,000) public liability and a one million dollar ($1,000,000) property damage insurance policy and products' liability insurance in the amount of one million dollars ($1,000,000) with riders attached to the policies designating the County of Kern as an additional insured thereunder.

7. A roster of the current officers of the organization. 8. Written authorization from the owner, or person in lawful possession

thereof, for the locating of the fireworks booth upon their property. 9. Proof of non-profit or charitable organization status. 3309.3 Fireworks stands. 3309.3.1 General. All retail sales of safe and sane fireworks shall be

permitted only from a fireworks stand and the sale from any other facility, building, structure or location is hereby prohibited. Fireworks stands shall be in accordance with Section 3309.3.


3309.3.2 Location. Fireworks stands shall be located: 1. In a C-H zoning district, 2. In a C-1 zoning district or a zoning district less restrictive than C-1, 3. On publicly owned property, including property owned by school

districts, with the approval of the Director of the Planning Department, or 4. On property developed with church facilities, with the approval of the

Director of the Planning Department. 5. In accordance with Table 3309.3.2.

Table 3309.3.2 Separation Distances for Fireworks Booths

Exposure Distance (feet) X .3048 for m

Other fireworks stands 400 Fuel storage, or fuel dispensing pump 100 Fuel storage tank fill connection 100 Repair garage or fixed open flame device 100 Other buildings 30 Street, alley, driveway or curbline 10 Property line 3

3309.3.3 Construction and removal. 1. Fireworks stands shall be constructed in a manner which will

reasonably ensure the safety of attendants and patrons. 2. Each fireworks stand must have at least two exits. Each fireworks

stand in excess of forty (40) feet (12 192 mm) in length must have at least three exits. Exits shall have a minimum width of thirty (30) inches (76 mm). An aisle with a minimum width of thirty (30) inches (76 mm) shall lead to each exit. Exit doors shall be operable from the inside without the use of a key or any special knowledge or effort.

3. The fireworks stand and all accompanying litter shall be removed from the temporary location by twelve (12) noon on the 15th day of July.

3309.3.4 Electrical wiring. 1. All electrical wiring to or within a fireworks stand shall be installed in

accordance with the Kern County Electrical Code and this Section. 2. All wiring in or on a fireworks stand shall be in rigid raceway or

electrical metallic tubing (EMT). 3. Electrical wiring within the fireworks stand shall be limited to use for

lighting and two (2) duplex receptacles for sales equipment only. 3309.3.5 Fire safety. 1. Each fireworks stand shall be provided with two 2-A rated water base

fire extinguishers. Each such extinguisher shall be properly serviced and tagged, and easily accessible for use in case of fire.


2. No person shall light, or cause or permit to be lighted, any fireworks or any other article or material within any fireworks stand, or within fifty (50) feet (15 240 mm) thereof.

3. Smoking shall not be allowed in any fireworks stand nor within fifty (50) feet (15 240 mm) thereof. "No Smoking" signs shall be prominently displayed.

4. All weeds and combustible material shall be cleared from the location of the fireworks stand, including a distance of at least twenty (20) feet (6096 mm) surrounding the fireworks stand.

5. There shall be available to each fireworks stand, a trash container of sufficient size to accommodate trash generated by the fireworks stand. Each trash container shall be constructed of non-combustible material. Each trash container must be maintained at least twenty (20) feet (6096 mm) from the fireworks stand.

3309.3.6 Operations. Operation of fireworks stands shall be in accordance with the following:

1. There shall be at least one adult in attendance during the open or sale hours of the fireworks stand.

2. No person under age 18 shall be permitted in a fireworks stand. 3. There shall be at least one adult on the premises as night watchman

for security during the hours of storage. Under no circumstances shall the watchman sleep within the fireworks stand. Accommodations for the watchman shall not be located within twenty-five (25) feet (7620 mm) of the fireworks stand.

3309.4 Sale of safe and sane fireworks. 3309.4.1 Posting of permits. All permits must be posted in a conspicuous

place in or on the fireworks stand. 3309.4.2 Sales period. Fireworks shall be sold only between the hours of 12

noon to 10:00 PM on July 1, and the hours of 9:00 AM to 10:00 PM on July 2 and July 3, and the hours of 9:00 AM on July 4 to 12:01 AM on July 5 of any year; provided, however, in any year in which the Fourth of July falls on a Wednesday, Thursday or Friday, said sales period may be extended by the Board of Supervisors or its appointed designee to allow sales commencing at 12 noon on June 29 based on a showing by an individual charitable organization of unequal sales periods in an adjacent city in the County or in a neighboring city or county. The sales period on the additional days of sale will be limited to 12 noon to 10:00 PM on July 29, and the hours of 9:00 AM to 10:00 PM on June 30 to July 3. Any charitable organization electing to make a request for an extension must meet all requirements to sell safe and sane fireworks and must file an application for the extension with the Chief on or before May 15 of the year the extension is sought. The application shall contain a statement of facts demonstrating the unequal sales periods in an adjacent city in the County or in a neighboring city or county. Upon receipt of the recommendation of the Chief, the Clerk of the Board of Supervisors shall set the mater before the Board of Supervisors for consideration.

3309.4.3 Sale to persons under sixteen prohibited. No person shall sell or transfer any safe and sane fireworks to a person who is under 16 years of age from any fireworks stand.

3309.4.4 Use of safe and sane fireworks. Except under Special Effects Permit or Public Display Permit, safe and sane fireworks shall only be used or discharged between the hours of 12 noon on July 1 to 12:01 AM of the next day, and the hours of 9:00


AM to 12:01 AM of the next day on July 2 and July 3, and the hours of 9:00 AM on July 4 to 12:30 AM on the next day, and the hours of 12:00 noon on December 31 to 12:30 AM of the next day of any year.

3309.5 Seizure of Fireworks. The fire code official shall have the authority to seize, take and remove fireworks stored, sold, offered for sale, used or handled in violation of the provisions of Title 19 CCR, Chapter 6.

17.32.095 Section 3401.2 amended – Nonapplicability. Section 3401.2 of Chapter 34 of the Kern County Fire Code is amended to read as follows:

3401.2 Nonapplicability. This chapter shall not apply to liquids as otherwise provided in other laws or regulations or chapters of this code, including:

1. Specific provisions for flammable liquids in motor fuel-dispensing facilities, repair garages, airports and marinas in Chapter 22.

2. Medicines, foodstuffs, cosmetics, and commercial, institutional and industrial products in the same concentration and packaging containing not more than 50 percent by volume of water-miscible liquids and with the remainder of the solution not being flammable, and alcoholic beverages in retail or wholesale sales or storage uses when packaged in individual containers not exceeding 1.3 gallons (5 L).

3. Storage and use of fuel oil in tanks and containers connected to oil-burning equipment. Such storage and use shall be in accordance with Section 603. For abandonment of fuel oil tanks, this chapter applies.

4. Refrigerant liquids and oils in refrigeration systems (see Section 606). 5. Storage and display of aerosol products complying with Chapter 28. 6. Storage and use of liquids that have no fire point when tested in

accordance with ASTM D 92. 7. Liquids with a flashpoint greater than 95°F (35°C) in a water-miscible

solution or dispersion with a water and inert (noncombustible) solids content of more than 80 percent by weight, which do not sustain combustion.

8. Liquids without flash points that can be flammable under some conditions, such as certain halogenated hydrocarbons and mixtures containing halogenated hydrocarbons.

9. The storage of distilled spirits and wines in wooden barrels and casks when in compliance with FM Global Operating Standard 8-8.

17.32.096 Section 3404.2.3.2 amended – Label or placard. Section 3404.2.3.2 of Chapter 34 of the Kern County Fire Code is amended to read as follows:

3404.2.3.2 Label or placard. Tanks over one hundred (100) gallon (379 L) in capacity permanently installed or mounted and used for the storage of Class I, II or IIIA liquids shall bear a label or placard in accordance with UFC Standard No. 79-3 or other label or sign approved by the fire code official, identifying the material therein.


EXCEPTIONS: 1. Tanks of three hundred (300) gallon (1136 L) capacity or less located

on private property and used for heating and cooking fuels in single-family dwellings need not be marked.

2. Tanks located underground.

17.32.097 Section 3404.2.7.10 amended – Leak reporting. Section 3404.2.7.10 of Chapter 34 of the Kern County Fire Code is amended to read as follows:

3404.2.7.10 Leak reporting. Any consistent or accidental loss of liquid, or other indication of a leak from a tank system, shall be reported immediately to the Kern County Environmental Health Department.

17.32.098 Section 3406.1.3 amended – Buildings. Section 3406.1.3 of Chapter 34 of the Kern County Fire Code is amended to read as follows:

3406.1.3 Buildings. Wells shall not be drilled within one hundred (100) feet (30 480 mm) of buildings not necessary to the operation of the well.

EXCEPTIONS: The one hundred (100) foot (30 480 mm) minimum distance may be reduced under the following circumstances: 1. The distance may be reduced to fifty (50) feet (15 240 mm) if every

exterior wall within one hundred (100) feet (30 480 mm) of the wellhead, which could receive direct radiant heat from the wellhead, is of one (1) hour fire resistive construction with no openings or parapets, and the entire building has a non-combustible roof.

2. The distance may be reduced to twenty-five (25) feet (7620 mm) if every exterior wall within one hundred (100) feet (30 480 mm) of the wellhead, which could receive direct radiant heat from the wellhead, is of two-hour fire resistive construction with no openings or parapets, and the entire building has a non-combustible roof.

3. The distance may be reduced to twenty-five (25) feet (7620 mm) if the entire building has a non-combustible roof with no parapets, and a barrier is constructed between the wellhead and the building. Such barrier shall have a minimum fire rating of four (4) hours. The minimum width of such barrier shall be as required to protect the portions of the building within the one hundred (100) foot (30 480 mm) distance from direct radiant heat originating at the wellhead. The minimum height of such barrier shall be the maximum height of the building.

17.32.099 Section 3406.3.3.3 amended – Security. Section 3406.3.3.3 of Chapter 34 of the Kern County Fire Code is renamed and amended to read as follows:


3406.3.3.3 Security. Sumps, diversion ditches or depressions used as sumps containing petroleum products shall be securely fenced and screened in a manner meeting the specifications of California Code of Regulations, Title 14, Subchapter 2.

17.32.100 Section 3804.4 amended – Multiple container installation. Section 3804.4 of Chapter 38 of the Kern County Fire Code is amended to read as follows:

3804.4 Multiple container installation. Multiple container installations with a total water storage capacity of more than 180,000 gallons (681 300 L) [150,000-gallon (567 750 L) LP-gas capacity] shall be subdivided into groups containing not more than 180,000 gallons (681 300 L) in each group. Such groups shall be separated by a distance of not less than 50 feet (15 240 mm), unless the containers are protected in accordance with one of the following:

1. Mounded in an approved manner. 2. Protected with approved insulation on areas that are subject to

impingement of ignited gas from pipelines or other leakage. 3. Protected by firewalls of approved construction. 4. Protected by an approved system for application of water as specified

in Kern County Fire Prevention Standard 3808.1-1. 5. Protected by other approved means. Where one of these forms of protection is provided, the separation shall not

be less than 25 feet (7620 mm) between container groups.

17.32.101 Section 3808.1 amended – General. Section 3808.1 of Chapter 38 of the Kern County Fire Code is amended to read as follows:

3808.1 General. Fire protection shall be provided for installations having storage containers with a water capacity of more than 4,000 gallons (15 140 L), as required by Kern County Fire Prevention Standard 3808.1-1. 17.32.102 Table 3809.12 amended – Separation from exposures of containers

awaiting use, resale or exchange stored outside of buildings from exposures.

Table 3809.12 of Chapter 38 of the Kern County Fire Code of is amended to read as follows:


Table 3809.12

Separation From Exposures Of Containers Awaiting Use, Resale Or Exchange Stored Outside Of Buildings From Exposures

MINIMUM SEPARATION DISTANCE FROM STORED CYLINDERS TO (feet): QUANTITY OF

LP-GAS STORED (pounds)

Nearest important building or group of

buildings or line of

adjoining property

that may be built upon

Line of adjoining property occupied by schools, places

of religious worship, hospitals,

athletic fields or other points of

public gathering; busy

thoroughfares; or sidewalks

LP-gas dispensing

station

Doorway or opening to a building

Combustible materials

Motor vehicle

fuel dispenser

720 or less 0 0 5 10 10 20 721 - 2,500 10a 10 10 10 10 20 2,501 - 6,000 10 10 10 10 10 20 6,001 - 10,000 20 20 20 20 10 20 Over 10,000 25 25 25 25 10 20

For SI: 1 foot = 304.8 mm, 1 pound = 0.454 kg. a. The distance can be reduced to 0 feet (0 mm) when the exterior wall of the building is a solid wall for 20 feet (6096 mm) on each side of the storage.

17.32.103 Chapter 45 amended – FM Global. Chapter 45 of the Kern County Fire Code is amended by adding FM Global Standard 8-8 as follows: FM Global Operating Standards Standard 8-8 – Distilled Spirits Storage………...…………….…………….2701.2, 3401.2 17.32.104 Section 4706 amended – Vegetation management. Section 4706 of Article 47 of the Kern County Fire Code is amended to read as follows:

4706 Vegetation management. A Fire Protection Plan shall be required for all new development with the Wildland-Urban Interface Fire Area.

The Fire Protection Plan shall include mitigation measures consistent with the unique problems resulting from the location, topography, geology, flammable vegetation and climate of the proposed site. The Fire Protection Plan shall address water supply, access, fire resistance of buildings, fire protection systems and equipment, defensible space and vegetation management.

The Fire Protection Plan shall be consistent with nationally recognized standards. The Fire Protection Plan must meet the approval of the chief.

17.32.105 Appendix B Section B105 amended – Fire-flow requirements for

buildings. Section B105 of Appendix B of the Kern County Fire Code is amended to read as follows:


B105 Fire-flow requirements for buildings. B105.1 One (1) and Two (2) Family Dwellings. The minimum fire-flow and

flow duration requirements for one (1) and two (2) family dwellings shall be five hundred (500) gallons per minute (1893 L/min) for a minimum of one hour duration.

B105.2 Buildings other than One (1) and Two (2) Family Dwellings. The minimum fire flow and flow duration for buildings other than one (1) and two (2) family dwellings shall be not less than that specified in Table No. B105.1.

EXCEPTION: The required fire flow may be reduced up to 75 percent when the building is provided with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2. The resulting fire-flow shall not be less than one thousand (1000) gallons per minute (3785.4 L/min.) for the prescribed duration as specified in Table B105.1.

17.32.107 Appendix D Section D103.2 amended – Grade. Section D103.2 of Appendix D of the Kern County Fire Code is amended to read as follows:

D103.2 Grade. Fire apparatus access roads shall not exceed 15 percent in grade.

17.32.108 Appendix D Section D103.3 amended – Turning radius. Section D103.3 of Appendix D of the Kern County Fire Code is amended to read as follows:

D103.3 Turning radius. The inside turning radius of a fire apparatus access road shall be a minimum of forty (40) feet (12 192 mm).

17.32.109 Appendix D Section D103.4 and Table D103.4 amended – Dead-ends. Section D103.4 and Table D103.4 of Appendix D of the Kern County Fire Code is amended to read as follows:

D103.4 Dead-ends. Dead-end fire apparatus access roads in excess of one hundred fifty (150) feet (45 720 mm) in length shall be so constructed with an approved area to turn around fire apparatus. The maximum length of a dead-end fire apparatus access road, including all dead-end roads accessed from that dead-end road shall not exceed the cumulative lengths in Table D103.4.


Table D103.4 Maximum Dead-end Road Lengths

Parcel size

Maximum Length Dead-end Road

x .3048 for m

< 1 acre 800 feet 1 acre to 4.99 acres 1,320 feet 5 acres to 19.99 acres 2,640 feet >20 acres 5,280 feet

Where a dead-end fire apparatus access road serves areas in which several

different length limits could apply because of several different parcel sizes, the shortest allowable length shall apply. 17.32.110 Appendix D Section D103.6 amended – Fire Lanes. Section D103.6 of Appendix D of the Kern County Fire Code is amended to read as follows:

D103.6 Fire Lanes. D103.6.1 Where Required. Fire Lanes shall be provided to and along the

front and/or any side of all shopping complexes more than one hundred fifty (150) feet (45 720 mm) from a public street and all other buildings other than dwellings when in the judgement of the Chief, fire lanes are deemed necessary for the protection of life and property.

D103.6.2 Clearances. Fire Lanes shall be located as determined by the fire code official, and shall not be less than twenty (20) feet (6096 mm) in width, with inside turning radiuses of not less than twenty (20) feet (6096 mm) and shall have a clear height of not less than fifteen (15) feet (4572 mm).

D103.6.3 Obstruction. Fire Lanes shall be maintained clear at all times without exception. It shall be unlawful for any person to impair or block such fire lanes by vehicle parking or placing any other obstruction therein. Fire lane signs shall not be obstructed from view by oncoming traffic.

D103.6.4 Fire Lane Identification. Fire Lanes shall be identified in such a manner so as to leave no doubt as to their existence and intended purposes. Identification shall be by means of permanent signs complying with Figure D103.6. Signs shall have a minimum dimension of 12 inches (305 mm) wide by 18 inches (457 mm) high and be constructed of 14 gage steel or aluminum. The signs shall have a reflective white background with red lettering and a ¼ inch wide stripe along all four sides of the sign. The signs shall read NO STOPPING – FIRE LANE, with lettering a minimum of 1 inch in height. Where deemed necessary by the fire code official, the signs shall be supplemented by a painted red curb which is parallel and adjacent to the fire lane.

D103.6.4.1 Fire Lane sign locations. Fire lane signs shall be located along the entire length of the fire lane and placed not more than one hundred feet (3048 mm) apart. Fire lane sign shall be installed within 25 feet of any end of the fire lane. The fire lane signs shall be perpendicular to the flow of traffic and within 4 feet of the edge of the


driving surface of the fire lane. The fire lane signs shall be installed at a height of at least 7 feet above walking surfaces.

Figure D103.6 Fire Lane Sign

17.32.111 Appendix D Section D103.6.1 is renumbered to D103.6.5 and amended –

Roads 20 to 32 feet in width. Section D103.6.1 of Appendix D of the Kern County Fire Code is renumbered to 103.6.5 and amended to read as follows:

D103.6.5 Roads 20 to 32 feet in width. Fire lanes twenty (20) feet wide

(6096 mm) to thirty-two (32) feet wide (7925 mm) shall be posted on both sides as a fire lane.

17.32.112 Appendix D Section D103.6.2 is renumbered to D103.6.6 and amended –

Roads 32 to 40 feet in width. Section D103.6.2 of Appendix D of the Kern County Fire Code is renumbered to D103.6.6 and amended to read as follows:

D103.6.2 Roads 32 to 40 feet in width. Fire lanes more than thirty-two (32)

feet wide (9754 mm) to forty (40) feet wide (12 192 mm) shall be posted on one side of the road as a fire lane.

NO STOPPING

FIRE LANE

K.C. CODE 17.32.110


CHAPTER 17.34 WILDLAND-URBAN INTERFACE CODE

Sections:

17.34.010 Wildland-Urban Interface Code – Adopted. 17.34.015 Section 101.1 amended – Title. 17.34.020 Section 104.1 amended – General. 17.34.030 Section 104.2 deleted – Limitations of Authority. 17.34.040 Section 105.2 amended – Permits Required. 17.34.050 Section 105.8 deleted – Expiration. 17.34.060 Section 107.1.1 amended – General. 17.34.070 Section 202 amended – Definition of Code Official. 17.34.080 Section 302.1 amended – Declaration. 17.34.085 Section 302.3 amended – Review of wildland-urban interface

areas. 17.34.090 Section 404.5 amended – Adequate Water Supply. 17.34.100 Sections 502, 502.1, 502.2 and Table 502.1 deleted – Fire Hazard

Severity. 17.34.105 Section 503.1 amended – General. 17.34.110 Table 503.1 amended – Ignition-Resistant Construction. 17.34.115 Section 504.2 amended – Roof covering. 17.34.120 Section 504.3 added – Protection of eaves. 17.34.125 Section 504.5 amended – Exterior walls. 17.34.130 Section 504.7 amended – Appendages and projections. 17.34.135 Section 504.8 amended – Exterior glazing. 17.34.140 Section 504.9 amended – Exterior doors. 17.34.145 Section 505.2 amended – Roof covering. 17.34.150 Section 505.3 added – Protection of eaves. 17.34.155 Section 505.5 amended – Exterior walls. 17.34.160 Section 505.7 amended – Appendages and projections. 17.34.165 Section 505.8 amended – Exterior glazing. 17.34.170 Section 505.9 amended – Exterior doors. 17.34.175 Section 506.2 amended – Roof covering. 17.34.180 Section 506.5 added – Exterior walls. 17.34.185 Section 506.6 added – Protection of eaves. 17.34.190 Section 506.7 added – Appendages and projections. 17.34.195 Section 506.8 added – Exterior glazing. 17.34.200 Section 506.9 added – Exterior doors. 17.34.205 Section 602 deleted – Automatic Fire Sprinkler Systems. 17.34.210 New Materials, Processes or Occupancies Which May Require

Permits. 17.34.220 Violations - Penalty.

17.34.010 Wildland-Urban Interface Code – Adopted. That certain Code known and designated as the “International Wildland-Urban Interface Code,” 2006 Edition, including Appendix Chapters A and C published by the International


Code Council, as modified and amended by this chapter, is adopted by reference into this Chapter, and is hereby collectively declared to be the Kern County Wildland-Urban Interface Code for the purpose of regulating the safeguarding of life, property and public welfare to a reasonable degree from the hazards of fire from wildland fire exposures and fire exposures from adjacent structures and to mitigate structure fires from spreading to wildland fuels. 17.34.015 Section 101.1 amended – Title. Section 101.1 of Chapter 1 of the Kern County Wildland-Urban Interface Code is amended to read as follows:

101.1 Title. These regulations shall be known as the Kern County Wildland-Urban Interface Code, hereinafter referred to as “this code.” 17.34.020 Section 104.1 amended – General. Section 104.1 of Chapter 1 of the Kern County Wildland-Urban Interface Code is amended to read as follows:

Section 104.1 General. Any decision of the Chief relating to the interpretation of this Code, or to the standards referred to hereinabove, shall be subject to appeal to the Board of Building Appeals, upon payment of the fee required for Kern County Building Code appeals to that Board. Any decision of the Board of Building Appeals shall be subject to appeal to the Board of Supervisors, as provided by Section 17.04.160 of this title. 17.34.030 Section 104.2 deleted – Limitations of Authority. Section 104.2 of Chapter 1 of the Kern County Wildland-Urban Interface Code is deleted. 17.34.040 Section 105.2 amended – Permits Required. Section 105.2 of Chapter 1 of the Kern County Wildland-Urban Interface Code is amended to read as follows:

Section 105.2 Permits required. Unless otherwise exempted, no building or structure regulated by this code shall be erected, constructed, altered, repaired, moved, removed, converted, or demolished unless a separate permit for each building or structure has first been obtained from the building official.

For buildings or structures erected for temporary uses, see Appendix A, Section A108.3 of this code.

A permit shall be obtained for the activities, operations, practices or functions within a wildland-urban interface area when required by the Kern County Fire Code.

17.34.050 Section 105.8 deleted – Expiration. Section 105.8 of Chapter 1 of the Kern County Wildland-Urban Interface Code is deleted. 17.34.060 Section 107.1.1 amended – General. Section 107.1.1 of Chapter 1 of the Kern County Wildland-Urban Interface Code is amended to read as follows:


Section 107.1.1 General. All construction or work for which a permit is

required by this code shall be subject to inspection by the code official and all such construction or work shall remain accessible and exposed for inspection purposes until approved by the code official.

It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. Neither the code official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection.

It shall be the duty of the person doing the work authorized by a permit to notify the chief that such work is ready for inspection. Every request for inspection shall be filed not less than two working days before such inspection is desired. Such request may be in writing or by telephone.

Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid.

A survey of the lot may be required by the code official to verify that the mitigation features are provided and the building or structure is located in accordance with the approved plans.

17.34.070 Section 202 amended – Definition of Code Official. The definition of Code Official in Section 202 of Chapter 2 of the Kern County Wildland- Urban Interface Code is amended to read as follows: CODE OFFICIAL is the Fire Chief of the Kern County Fire Department, or the Fire Chief’s authorized representative. 17.34.080 Section 302.1 amended – Declaration. Section 302.1 of Chapter 3 of the Kern County Wildland-Urban Interface Code is amended to read as follows:

Section 302.1 Declaration. The wildland-urban interface areas shall include any land which is covered with grass, grain, brush or forest, whether privately or publicly owned, which is so situated or is of such inaccessible location, that a fire originating upon such land would present an abnormally difficult job of suppression or would result in great and unusual damage through fire or resulting erosion. The Chief shall officially determine and publicly announce the creation of each wildland-urban interface area. The boundaries of the Hazardous Fire Area referred to in this code shall include the geographical area identified by the state as a “Fire Hazard Severity Zone” in accordance with the Public Resources Code Sections 4201 through 4204 and Government Code Sections 51175 through 51189, and other such areas determined to be at a significant risk from wildfires.

17.34.085 Section 302.3 amended – Review of wildland-urban interface areas. Section 302.3 of Chapter 3 of the Kern County Wildland-Urban Interface Code is amended to read as follows:


302.3 Review of wildland-urban interface areas. The code official shall reevaluate and recommend modification to the wildland-urban interface areas every five years.

17.34.090 Section 404.5 amended – Adequate Water Supply. Section 404.5 of Chapter 4 of the Kern County Wildland-Urban Interface Code is amended to read as follows:

Section 404.5 Adequate Water Supply. Adequate water supply shall be

determined for purposes of initial attack and flame front control as follows: 1. One- and Two-Family Dwellings. The minimum fire flow and flow

duration requirements for one- and two-family shall be 500 gallons per minute (1893 L/min) for a minimum duration of 30 minutes.

2. Buildings other than One- and Two-Family Dwellings. The water supply required for buildings other than one- and two-family dwellings shall be as required in Section 508 of the Kern County Fire Code.

17.34.100 Sections 502, 502.1, 502.2 and Table 502.1 deleted – Fire Hazard

Severity. Sections 502, 502.1, 502.2 and Table 502.1 of Chapter 5 of the Kern County Wildland-Urban Interface Code are deleted. 17.34.105 Section 503.1 amended – General. Section 503.1 of Chapter 5 of the Kern County Wildland-Urban Interface Code is amended to read as follows:

Section 503.1 General. Buildings and structures hereafter constructed,

modified or relocated into or within wildland-urban interface areas shall meet the construction requirements in accordance with Table 503.1. Class 1, Class 2 or Class 3 ignition-resistant construction shall be in accordance with Sections 504, 505 and 506 respectively.

17.34.110 Table 503.1 amended – Ignition-Resistant Construction. Table 503.1 of Chapter 5 of the Kern County Wildland-Urban Interface Code is amended to read as follows:

Hazardous Fire Area Severity Zone Ignition-Resistant Construction Type

Moderate Hazard Ignition Resistant Class 3

High Hazard Ignition Resistant Class 2

Very High Hazard Ignition Resistant Class 1 17.34.115 Section 504.2 amended – Roof covering. Section 504.2 of Chapter 5 of the Kern County Wildland-Urban Interface Code is amended to read as follows:


504.2 Roof covering. Roofs shall have a Class A roof covering or a Class A

roof assembly. For roof coverings where the profile allows a space between the roof covering and roof decking, the space at the eave ends shall be firestopped to preclude entry of flames or embers.

When provided, valley flashings shall be not less than 0.019-inch (0.48 mm) (No. 26 galvanized sheet gage) corrosion-resistant metal installed over a minimum 36-inch-wide (914 mm) underlayment consisting of one layer of No. 72 ASTM cap sheet running the full length of the valley.

17.34.120 Section 504.3 amended – Protection of eaves. Section 504.3 of Chapter 5 of the Kern County Wildland-Urban Interface Code is amended to read as follows:

504.3 Protection of eaves. Eaves and soffits shall meet the requirements of

SFM 12-7A-3 or shall be protected on the exposed underside by ignition-resistant materials, noncombustible construction, or 1-inch (25.4 mm) nominal fire-retardant-treated lumber or ¾-inch (19 mm) nominal fire-retardant-treated plywood identified for exterior use and meeting the requirements of Section 2303.2 of the California Building Code. Fascias are required and shall be protected on the backside by materials approved for a minimum of 1-hour fire-resistance-rated construction or 2-inch (51 mm) nominal dimension lumber.

17.34.125 Section 504.5 amended – Exterior walls. Section 504.5 of Chapter 5 of the Kern County Wildland-Urban Interface Code is amended to read as follows:

504.5 Exterior walls. Exterior walls shall be approved noncombustible or ignition-resistant material,

heavy timber, or log wall construction or shall provide protection from the intrusion of flames and embers in accordance with standard SFM 12-7A-1.

Exterior wall coverings shall extend from the top of the foundation to the roof, and terminate at 2-inch (50.8 mm) nominal solid wood blocking between rafters at all roof overhangs, or in the case of enclosed eaves, terminate at the enclosure.

17.34.130 Section 504.7 amended – Appendages and projections. Section 504.7 of Chapter 5 of the Kern County Wildland-Urban Interface Code is amended to read as follows:

504.7 Appendages and projections. Unenclosed accessory structures attached to buildings with habitable spaces and projections, such as decks, porches or balconies, shall be constructed of ignition-resistant materials and pass the performance requirements of SFM Standard 12-7A-4, Parts A and B, a minimum of 1-hour fire-resistance-rated construction, heavy timber construction or constructed of approved noncombustible materials or fire-retardant-treated wood identified for exterior use and meeting the requirements of Section 2303.2 of the California Building Code.


EXCEPTIONS: Decking material shall be acceptable if it passes the performance requirements of SFM 12-7A-4, Part A, 12-7A-4.7.5.1 only with a net peak heat release rate of 25kW/sq-ft for a 40-minute observation period and: a. Decking surface material shall pass the accelerated weathering test

and be identified as exterior type, in accordance with ASTM E 84 and; b. The exterior wall covering to which the deck is attached and within 10

(3048 mm) feet of the deck shall be constructed of approved noncombustible or ignition resistant material, unless the decking surface material conforms to ASTM E-84 Class B flame spread.

When the attached structure is located and constructed so that the structure

or any portion thereof projects over a descending slope surface greater than 10 percent, the area below the structure shall have all underfloor areas enclosed to within 6 inches (152 mm) of the ground, with exterior wall construction in accordance with Section 504.5. 17.34.135 Section 504.8 amended – Exterior glazing. Section 504.8 of Chapter 5 of the Kern County Wildland-Urban Interface Code is amended to read as follows:

504.8 Exterior glazing. Exterior windows, window walls and glazed doors, windows within exterior doors, and skylights shall be insulating-glass units with a minimum of one tempered pane, glass block or have a fire protection rating of not less than 20 minutes when tested according to ASTM E 2010, or conform to the performance requirements of SFM12-7A-2.

17.34.140 Section 504.9 amended – Exterior doors. Section 504.9 of Chapter 5 of the Kern County Wildland-Urban Interface Code is amended to read as follows:

504.9 Exterior doors. Exterior door assemblies shall conform to the

performance requirements of Standard SFM 12-7A-1 or shall be approved noncombustible construction, solid core wood not less than 1¾ inches thick (45 mm), or have a fire protection rating of not less than 20 minutes. Windows within doors and glazed doors shall be in accordance with Section 504.8.

EXCEPTION: Noncombustible or exterior fire-retardant treated wood vehicle access doors are not required to comply with this chapter.

Section 505.2 of Chapter 5 of the Kern County Wildland-Urban Interface Code is amended to read as follows:

505.2 Roof covering. Roofs shall have a Class B roof covering, a Class B

roof assembly or an approved noncombustible roof covering. For roof coverings where the profile allows a space between the roof covering and roof decking, the space at the eave ends shall be firestopped to preclude entry of flames or embers.



17.34.150 Section 505.3 amended – Protection of eaves. Section 505.3 of Chapter 5 of the Kern County Wildland-Urban Interface Code is amended to read as follows:



17.34.155 Section 505.5 amended – Exterior walls. Section 505.5 of Chapter 5 of the Kern County Wildland-Urban Interface Code is amended to read as follows:

505.5 Exterior walls. Exterior walls shall be approved noncombustible or ignition-resistant material,

heavy timber, or log wall construction or shall provide protection from the intrusion of flames and embers in accordance with standard SFM 12-7A-1.


17.34.160 Section 505.7 amended – Appendages and projections. Section 505.7 of Chapter 5 of the Kern County Wildland-Urban Interface Code is amended to read as follows:

505.7 Appendages and projections. Unenclosed accessory structures

attached to buildings with habitable spaces and projections, such as decks, porches or balconies, shall be constructed of ignition-resistant materials and pass the performance requirements of SFM Standard 12-7A-4, Parts A and B, a minimum of 1-hour fire-resistance-rated construction, heavy timber construction or constructed of approved noncombustible materials or fire-retardant-treated wood identified for exterior use and meeting the requirements of Section 2303.2 of the International Building Code.


and be identified as exterior type, in accordance with ASTM E 84 and;


b. The exterior wall covering to which it the deck is attached and within 10 (3048 mm) feet of the deck shall be constructed of approved noncombustible or ignition resistant material, unless the decking surface material conforms to ASTM E-84 Class B flame spread.

When the attached structure is located and constructed so that the structure

or any portion thereof projects over a descending slope surface greater than 10 percent, the area below the structure shall have all underfloor areas enclosed to within 6 inches (152 mm) of the ground, with exterior wall construction in accordance with Section 505.5.

17.34.165 Section 505.8 amended – Exterior glazing. Section 505.8 of Chapter 5 of the Kern County Wildland-Urban Interface Code is amended to read as follows:

505.8 Exterior glazing. Exterior windows, window walls and glazed doors, windows within exterior doors, and skylights shall be insulating-glass units with a minimum of one tempered pane, glass block or have a fire protection rating of not less than 20 minutes when tested according to ASTM E 2010, or conform to the performance requirements of SFM12-7A-2. 17.34.170 Section 505.9 amended – Exterior doors. Section 505.9 of Chapter 5 of the Kern County Wildland-Urban Interface Code is amended to read as follows:




17.34.175 Section 506.2 amended – Roof covering. Section 506.2 of Chapter 5 of the Kern County Wildland-Urban Interface Code is amended to read as follows:

506.2 Roof covering. Roofs shall have a Class B roof covering, a Class B roof assembly or an approved noncombustible roof covering. For roof coverings where the profile allows a space between the roof covering and roof decking, the space at the eave ends shall be firestopped to preclude entry of flames or embers.



17.34.180 Section 506.5 added – Exterior walls. Section 506.5 is added to Chapter 5 of the Kern County Wildland-Urban Interface Code to read as follows:

506.5 Exterior walls. Exterior walls shall be approved noncombustible or

ignition-resistant material, heavy timber, or log wall construction or shall provide protection from the intrusion of flames and embers in accordance with standard SFM 12-7A-1.


17.34.185 Section 506.6 added – Protection of eaves. Section 506.6 is added to Chapter 5 of the Kern County Wildland-Urban Interface Code to read as follows:



17.34.190 Section 506.7 added – Appendages and projections. Section 506.7 is added to Chapter 5 of the Kern County Wildland-Urban Interface Code to read as follows:

506.7 Appendages and projections. Unenclosed accessory structures

attached to buildings with habitable spaces and projections, such as decks, porches or balconies, shall be constructed of ignition-resistant materials and pass the performance requirements of SFM Standard 12-7A-4, Parts A and B, a minimum of 1-hour fire-resistance-rated construction, heavy timber construction or constructed of approved noncombustible materials or fire-retardant-treated wood identified for exterior use and meeting the requirements of Section 2303.2 of the California Building Code.


and be identified as exterior type, in accordance with ASTM E 84 and; b. The exterior wall covering to which it the deck is attached and within

10 (3048 mm) feet of the deck shall be constructed of approved noncombustible or ignition resistant material, unless the decking surface material conforms to ASTM E-84 Class B flame spread.


17.34.195 Section 506.8 added – Exterior glazing. Section 506.8 is added to Chapter 5 of the Kern County Wildland-Urban Interface Code to read as follows:

506.8 Exterior glazing. Exterior windows, window walls and glazed doors, windows within exterior doors, and skylights shall be insulating-glass units with a minimum of one tempered pane, glass block or have a fire protection rating of not less than 20 minutes when tested according to ASTM E 2010, or conform to the performance requirements of SFM12-7A-2.

17.34.200 Section 506.9 added – Exterior doors. Section 506.9 is added to Chapter 5 of the Kern County Wildland-Urban Interface Code to read as follows:




17.34.205 Section 602 deleted – Automatic Fire Sprinkler Systems. Section 602 of Chapter 6 of the Kern County Wildland-Urban Interface Code is deleted. 17.34.210 New Materials, Processes or Occupancies Which May Require Permits. The Chief of the Fire Department, the Fire Marshal and the Building Official shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies, which shall require permits, in addition to those now enumerated in said code. The Fire Marshal shall post such list in a conspicuous place in his office, and distribute copies thereof to interested persons. 17.34.220 Violations – Penalty. Any person who shall violate a provision of this code or who shall fail to comply with any of the requirements thereof or fail to comply with any order made thereunder by competent authority, or who shall erect, install, alter, repair or do work which deviates from any specifications or plans submitted to and approved by the fire marshal, or of a permit or certificate issued under provisions of this code shall for each and every such violation or failure to comply be guilty of a misdemeanor and shall, upon conviction, be subject to a fine of not more than $500, or by imprisonment in the county jail of the County of Kern for not more than six (6) months, or both such fine and imprisonment. The administrative penalty for any violation of this Code shall be as provided in Kern County Ordinance Code Section 8.54.060. All enforcement of administrative penalties shall be conducted pursuant to Chapter 8.54 of the Kern County Ordinance Code.


A conviction for any offense under the provisions of this Code shall not excuse the violation or authorize its continuance and the person or persons convicted of such offense shall be required to correct or remedy any condition or installation which fails to comply with the requirements of this Code with reasonable diligence. Each day that a condition prohibited by the provisions of this Code is caused or permitted to be maintained or continued shall constitute a separate and distinct offense.


Chapter 17.36 DANGEROUS BUILDINGS CODE

Sections:

17.36.010 Short title. 17.36.020 Uniform Code for the Abatement of Dangerous Buildings –

Adopted. 17.36.030 Uniform Code for the Abatement of Dangerous Buildings –

Amendments – Generally. 17.36.040 Section 102.2 amended – Scope. 17.36.050 Section 205 amended – Board of Appeals. 17.36.060 Section 301 amended – Definitions. 17.36.070 Section 302 amended – Dangerous building defined. 17.36.080 Section 501.1 amended – Form of appeals.

17.36.010 Short title. This chapter may be cited as the "Kern County Dangerous Buildings Code." 17.36.020 Uniform Code for the Abatement of Dangerous Buildings – Adopted. That portion of the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition (adopted and copyrighted by the International Conference of Building Officials), as modified and amended by this chapter, is adopted by this reference into the Kern County Dangerous Building Code. To facilitate ease of use by industry and building officials, amendments, additions and modifications are made by reference to the appropriate section of the Uniform Code for the Abatement of Dangerous Buildings. 17.36.030 Uniform Code for the Abatement of Dangerous Buildings –

Amendments – Generally. The following sections of the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, are modified to read as set forth in Sections 17.36.040 through 17.36.080 of this chapter. 17.36.040 Section 102.2 amended – Scope. Section 102.2 of the Uniform Code for the Abatement of Dangerous Buildings is amended to read as follows:

Section 102.2 Scope. The provisions of this Code shall apply to all dangerous buildings, as herein defined, which are now in existence or which may hereafter become dangerous, in the unincorporated area of the County of Kern, excepting substandard residential buildings within the scope of the Kern County Housing Code.

17.36.050 Section 205 amended – Board of Appeals. Section 205 of the Uniform Code for the Abatement of Dangerous Buildings is amended by adding the following paragraph as follows:


Section 205.3 Wherein this Code provides for hearing or acting on appeals, such function shall be carried out by the Kern County Board of Supervisors.

17.36.060 Section 301 amended – Definitions. Section 301 of the Uniform Code for the Abatement of Dangerous Buildings is amended by changing or adding certain definitions as follows:

A. Definitions added. “Board” and “Board of Appeals” are added and shall mean the Kern County

Board of Supervisors. “Public Works Department” and “Public Works Director” shall mean the

Engineering and Survey Services Department and the Director of. B. Definitions amended.

“Building Code” shall mean the Kern County Building Code, as adopted by the Code of Building Regulations.

“Housing Code” shall mean the Kern County Housing Code, as adopted by the Code of Building Regulations. 17.36.070 Section 302 amended – Dangerous building defined. Section 302 of the Uniform Code for the Abatement of Dangerous Buildings is amended to read as follows:

A. Paragraph 13 is changed to read as follows: 13. Whenever any building or structure has been constructed, exists, or is

maintained in violation of the Code of Building Regulations, exclusive of the Kern County Housing Code, or of any law or ordinance of this state or jurisdiction relating to the condition, location or structure of buildings. B. Paragraph 15 is deleted.

17.36.080 Section 501.1 amended – Form of appeal. Section 501.1 of the Uniform Code for the Abatement of Dangerous Buildings is amended by changing paragraph 1 to read as follows:

1. A heading in the words: 'Before the Kern County Board of Supervisors.'


Chapter 17.40 BUILDING RELOCATION

Sections:

17.40.010 Short title. 17.40.020 Construction of terms. 17.40.030 Definitions. 17.40.040 Applicability. 17.40.050 Other permits and requirements. 17.40.060 Relocation permit – Compliance with chapter – Required. 17.40.070 Special permit – Licensed mover moving building to own it. 17.40.080 Special permit – Moving building to different jurisdiction. 17.40.090 Relocation permit – Application – Fees. 17.40.100 Relocation permit – Denial – Grounds. 17.40.110 Relocation permit – Application – Plans and data. 17.40.120 Permit – Expiration and extension. 17.40.130 Building permits, plan checking – Fees. 17.40.140 Standards for repairs, remodeling or additions – Additional terms

and conditions. 17.40.150 Relocation permit – General conditions. 17.40.160 Delay in completion – Liquidated damages. 17.40.170 Obligations. 17.40.180 Determination of default – Notice. 17.40.190 Default – Form of notice – Service. 17.40.200 Completion of work by applicant after notice. 17.40.210 Interference with County. 17.40.220 Default – Suite or other legal proceedings. 17.40.230 Default – County authority to complete work or demolish

building. 17.40.240 Appeals.

17.40.010 Short title. This chapter may be cited as the "Kern County Building Moving Regulations." 17.40.020 Construction of terms. For the purposes of this chapter certain phrases, words, and their derivatives shall be construed as specified in this section. Words used in the singular include the plural and the plural the singular. Words used in the masculine gender include the feminine, and the feminine, the masculine. 17.40.030 Definitions. Phrases, words and their derivatives used but not defined in this chapter shall have the meaning defined in this title, including the respective codes as therein adopted or modified.

A. "Building" means any building or structure, as defined in the Kern County Building Code.


B. "Neighborhood of the proposed site" means and includes, but is not confined to, a radius of three hundred (300) feet measured from the exterior boundaries of the lot or parcel on which it is proposed to relocate a building.

C. "Move,” "movement" and "moving," when used with reference to a building, means any manner of horizontal movement thereof."

D. "Permit" means and includes an appropriate permit to move or relocate a building, as the case may be, unless otherwise expressly described.

E. "Public ways" includes public or county streets, highways, alleys and sidewalks.

17.40.040 Applicability.

A. This chapter shall not apply to the moving of any kind of building or structure for which no building permit would be required in case of new construction thereof.

B. This chapter shall not apply to the moving of a building temporarily to a point on the same building lot or site for the purpose of renewing or replacing the foundation or footings of such building in substantially the same location as before.

C. This chapter shall not apply to the first move only of buildings constructed under and conforming to provisions of the State Factory Built Housing Law, or non-state approved factory built buildings constructed under a permit issued by the Kern County Building Inspection Division, or to a non-state approved factory built building which was constructed under a permit in another jurisdiction acceptable to the Kern County Building Inspection Division.

D. This chapter shall not apply to buildings that are not located within the unincorporated area of Kern County that are to be moved through to a location outside the jurisdiction of the County, except such moving while within the unincorporated areas of the County shall be done in accordance with subsections (F) and (G) of Section 17.40.080 of this chapter.

17.40.050 Other permits and requirements.

A. No permit for the moving of a building over public ways shall be issued by any officer or department of the County unless the applicant holds a valid permit for such building under this chapter or a certificate issued by the building official showing this chapter does not apply to moving of such building.

B. Nothing in this chapter shall be deemed to excuse compliance with any law, or any other chapter of this code or other ordinance regulating the moving of buildings over public ways.

17.40.060 Relocation permit – Compliance with chapter – Required.

A. It is unlawful for any person to move any building within or into the unincorporated area of the County, unless a valid permit to move or relocate such building has been issued under this chapter, or after expiration of such permit, or in violation of the terms of such permit, or in any manner contrary to the provisions of this chapter.

B. It is unlawful for any person to maintain within the unincorporated area of the county any building which has been moved, unless a valid permit to move or relocate such building has been issued under this chapter, or after expiration of such permit, or in violation of the terms of such permit, or in any manner contrary to the provisions of this chapter.


C. It is unlawful for any person to cause or suffer any building to be moved onto, or any building which has been moved to be maintained on, any real property owned by such persons or under his control within the unincorporated area of the county, unless a valid permit to move or relocate such building has been issued under this chapter, or after expiration of such permit, or in violation of the terms of such permit, or in any manner contrary to the provisions of this chapter.

D. From and after the time a building has been caused to conform to all of the plans, terms and conditions of the permit for moving or relocating the same, or caused to conform to all of the applicable laws and regulations of the state of California and all of the building, housing, mechanical, plumbing and electrical standards imposed by this title, its further maintenance shall cease to be subject to the provisions of this section. 17.40.070 Special permit – Licensed mover moving building to own lot.

A. A licensed house mover shall be entitled to a special permit to move a building to his own storage lot in accordance with this section.

B. Such storage lot shall be properly zoned for storage of moved building, owned by the applicant, and described in his application and such permit.

C. Application for such a special permit shall be made and relocation survey fees shall be paid in the manner provided in Section 17.40.090 of this chapter, and a survey of the building to be so moved shall be made.

D. The building official shall deny the permit to so move the building to such storage lot for any of the causes for which a relocation permit is required to be denied, or if he shall determine that the applicant has not complied with any of the requirements of this section.

E. Such permit shall expire if the work of moving such building is not commenced within sixty (60) days after its issuance and thereafter diligently completed. Such permit shall also expire if within thirty (30) days after relocation of the building to the storage lot the building has not been removed from the cribbing and placed on an approved foundation system.

F. Such a building shall not be moved from the storage lot except following application for and issuance of a relocation permit for such purposes as in the case of any other building proposed to be moved, or unless a permit is issued under another applicable provision of this chapter.

G. In event of subsequent application for a relocation permit, the building shall be subject to a new survey, and the county shall not be bound in any manner by any determination made of the previous survey of the building. 17.40.080 Special permit – Moving building to different jurisdiction.

A. A special permit shall be granted to move a building to a point outside the jurisdiction of Kern County or within the boundaries of an incorporated city in accordance with the provisions of this section.

B. Application for such special permit shall be made in writing to the building official and, in addition to the permit issuance fee, a fee shall be paid therefor in the amount of ten dollars ($10.00).

C. Such application shall be accompanied by the permit authorizing the relocation of such building to the point mentioned in subsection (A) of this section or a true copy thereof, or by certificate issued by the building official of such other jurisdiction


showing that no permit is required under its ordinances for the relocation of such building to such point.

D. The applicant shall agree in his application that the building shall only be moved to the point therein specified and in accordance with this section.

E. Such special permit shall expire thirty (30) days after the date of its issuance, and shall not be extended.

F. After the moving of any such building has begun, such building shall be moved continuously until it has been moved to a point outside the jurisdiction of Kern County, except as otherwise allowed in this section, and otherwise the movement or maintenance of such building shall be deemed to be in violation of the terms of such permit.

G. Notwithstanding the provisions of subsection (F) of this section, such building shall not be required to be moved during any period when it may not be permissible under any law or any other chapter or ordinance of Kern County, and such building may be stored temporarily on private property for one (1) or more non-consecutive periods, none of which shall exceed forty-eight (48) hours, or temporarily on a storage lot properly zoned for storage of moved buildings for a single period not exceeding one (1) week.

H. In the event of default and if the County elects to complete the building as elsewhere provided in this chapter, there is reserved to the County the authority to correct any errors or omissions which may appear in the plans required in Section 17.40.110 of this chapter, notwithstanding any prior approval thereof, and to proceed on the basis of such plans as so corrected. 17.40.090 Relocation permit – Application – Fees.

A. Every application for a relocation permit shall be filed with the building official on a form which he shall provide, and the applicant shall set forth therein such information as the building official may reasonably require in order to carry out the provisions of this chapter.

B. Concurrently with the filing of an application for a relocation permit, there shall be paid to the building official a relocation survey fee in such amount as fixed by resolution of the Board of Supervisors, to help defray the cost of the surveys and investigations below mentioned.

C. If a relocation survey is required to be conducted in any other county, an additional fee shall be charged for the mileage and inspection time expended in any other county, at the rate fixed by resolution of the Board of Supervisors. The building official shall estimate the amount thereof, which shall be paid with the filing of the application; and upon completion of the survey the actual amount thereof shall be determined by the building official, and any surplus shall be returned or credited to the applicant and any deficiency shall be paid by him prior to any further proceedings with respect to the issuance of any permit; but if the building official denies the issuance of the relocation permit, the amount of such deficiency shall be canceled.

D. The relocation survey fee is in addition to such other fees as may be required under Chapter 17.08 of this title in connection with the repair, remodeling, reconstruction or additions to the building.

E. On receipt of such application and fees, the building official shall within seven (7) days complete a survey of the building and the site to which it is to be moved. The


applicant is responsible for furnishing the building official with legal access to the interior of the building and its site and to the site to which it is to be moved.

F. On completion of such survey, the building official shall determine whether the proceedings for issuance of a permit should continue or whether the permit should be denied. 17.40.100 Relocation permit – Denial – Grounds. The building official shall deny a relocation permit for any building which:

A. Is so constructed or in such condition as to be an unsafe building, as defined by Appendix Chapter 1, Section 115 of the California Building Code;

B. Is infested with insects, vermin or rodents; C. Contains dirt, trash, debris or abandoned property the presence of which may

create a hazard to health or safety or a nuisance; D. Is so dilapidated or defective or in such condition of deterioration or disrepair

that its relocation at the proposed site will be materially detrimental to any property and improvements in the neighborhood of the proposed site;

E. Because of age, size, design or architectural treatment will not substantially conform to the general or prevailing design, plan and construction of the buildings in the neighborhood of the proposed site;

F. If the cost of any repairs, remodeling or reconstruction thereof, as estimated by the building official, required to meet the standards determined by the building official in accordance with Section 17.40.140 would exceed sixty percent (60%) of the replacement cost of a new structure of similar size and kind;

G. Because of its design, or proposed use or location on the new site, it would be prohibited under any zoning ordinance or other land use ordinance of the county of Kern; or

H. Is of a type prohibited at the proposed site by any law or this chapter or any other ordinance.

17.40.110 Relocation permit – Application – Plans and data.

A. If the building official determines that the proceedings for issuance of a permit should continue, the applicant shall file his plans with the building official.

B. Such plans shall include specifications and working drawings for the structural, electrical, plumbing and mechanical parts of the building in connection with the proposed remodeling, repair, reconstruction or additions to the building as relocated, and also showing the existing structure to the extent the building official deems reasonably necessary to ascertain the condition of the building and the conformity thereof to the requirements of this chapter.

C. The building official may require additional plans and data showing site preparation, grading, improvements and utility locations, and photographs of the existing construction (both interior and exterior) and the proposed site, as he may deem reasonably necessary to the performance of his duties.

D. The applicant shall, at his sole expense, furnish all necessary drawings, photographs, planning and engineering services as may be needed in the preparation and any required revision of said plans; and the applicant shall be responsible for the accuracy and completeness thereof.


E. The building official shall review the application form, and said plans and data

and shall apply thereto the standards hereinafter mentioned; and the applicant shall revise his plans as necessary to conform to the standards, terms and conditions imposed by the building official.

F. The form and manner of preparation of plans, and the procedures for checking the same, shall be the same as provided in Chapter 17.08 of this title unless otherwise expressly provided herein.

G. The plans and other data submitted by the applicant shall be deemed a part of his application.

H. The plans as finally approved shall be deemed a part of the relocation permit. 17.40.120 Permit – Expiration and extension.

A. Every permit issued by the building official under the provisions of this chapter, except those issued in accordance with Section 17.40.070 of this chapter, shall expire by limitation and become null and void if within thirty (30) days after relocation of the building to the site the building has not been removed from the cribbing and placed on the approved foundation, or if the additional work authorized by such permit is not commenced within three hundred sixty (360) days from the date of issuance of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of three hundred sixty (360) days. Before such work can be recommenced, a new permit shall be first obtained to do so, and the fee therefore shall be one-half (1/2) the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work, and provided further that such suspension or abandonment has not exceeded one (1) year after the expiration of the permit.

B. Any permittee holding an unexpired permit, except those issued in accordance with Section 17.40.070 of this chapter, may apply for an extension of the time within which he may commence work under that permit when unable to commence work within the time required by this section for good and satisfactory reasons. The building official may extend the time for action by the permittee, for a period not exceeding one hundred eighty (180) days, upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. No permit shall be extended more than once. In the event of cancellation of a building permit, permittee is not entitled to a return of any fee previously paid for the permit.

C. If the building official determines that the plans require correction on account of errors or omissions in the original application or plans, or in order to conform to any new or amended statute, regulation, ordinance or standard mentioned in Section 17.40.140, he shall require, as a condition to granting any extension of time, revision of the plans or the permit, as he deems necessary, in the exercise of his reasonable discretion.

17.40.130 Building permits, plan checking – Fees. The fees for building permits and for plan checking shall be paid at the same times and in the same amounts as in the case of new construction under Chapter 17.08 of this title.


17.40.140 Standards for repairs, remodeling or additions – Additional terms and conditions.

A. Any building which is relocated shall be caused to conform to all applicable laws and regulations of the state of California and to conform to all building, housing, mechanical, plumbing and electrical standards imposed by this chapter; provided, however, that the building official may for good cause shown authorize departures from such standards to the extent that he determines in his reasonable discretion that such departures:

1. Will not be materially detrimental to any property and improvements in the neighborhood of the proposed site; and

2. Will not create a substantial lack of conformity with the general or prevailing design, plan and construction of the buildings in the neighborhood of the proposed site; and

3. Will not permit such building to be substandard, as defined by Chapter 10, Section 1001 of the Kern County Housing Code, as adopted by Chapter 17.16 of this title. B. The building official shall impose such additional terms and conditions for

relocation of such building and doing any work of remodeling, repair, reconstruction or additions as he determines reasonably necessary to assure compliance with this chapter and conformity with the foregoing standards and the approved plans, and which shall be endorsed on or attached to the permit or the approved plans.

C. The plans, as finally approved, shall be made to conform to the standards, terms and conditions as so determined. 17.40.150 Relocation permit – General Conditions. Each relocation permit shall be deemed to be issued subject to and shall contain the following general conditions and duties on the part of the applicant:

A. The applicant shall fully perform and complete the work required to be done by said plans and the terms and conditions of said permit to the reasonable satisfaction of the building official within the time fixed in the permit or within such extension of time provided by this chapter.

B. If the work so required is not completed within the time so fixed (and without regard to any extensions which may be granted), the applicant shall conform with all standards imposed by this title from time to time in effect, and shall pay all additional costs or expenses which may be required in order to so conform.

C. The applicant shall conform with the provisions of this chapter and all other provisions of County ordinances relating to the moving or relocation of buildings.

D. The applicant shall at all times permit the representatives of the County to come into the building and onto the site thereof to permit its inspection and work required by this chapter and the performance of other official duties until such time as all required work has been completed and approved.

E. The applicant shall not permit any person to occupy said building for any purpose except in the work required by the permit or this chapter, until such time as all the required work has been completed and approved.

F. In the event the applicant defaults, he shall permit, after notice hereinafter mentioned, the County to enter on the building site or the building and to complete or demolish the same.


G. In the event the applicant defaults, and if the County elects to complete the building, the County shall be entitled to use therein any building materials or supplies stored on the premises.

H. In the event the applicant defaults, and if the County elects to demolish the building, the applicant shall be deemed to have released any and all title to the materials of which the building is constructed, provided however that any proceeds therefrom shall be credited to account of the applicant or the owner thereof.

I. In the event the applicant defaults, and if the County elects to complete or demolish the building the applicant will indemnify, defend and hold harmless the county from any claim, suit or judgment by any person who may assert ownership of the building or any part thereof or anything in or on the same or the right to occupy the same or ownership of the land on which it is situated, for any damages or obligation alleged to result from the completion, removal or demolition of the building or any damage to any land, tree, shrub, structure or other improvement on such land caused by such completion, removal or demolition.

J. In event the applicant defaults, and if the County elects to complete or demolish the building, the applicant shall pay to the County the actual costs incurred by the County therein, plus an additional ten percent (10%) of the amount of such costs on account of cost of administration by the County. The County shall be entitled to do such work by force account or by contract.

K. The costs of the work to be paid to the County shall include any additional expenses incurred by the County in the correction of the plans on account of errors or omissions or to conform to any new standards imposed by this title from time to time, any additional expenses of construction or otherwise completing said building arising from such new standards or any new state law, or arising from errors or omissions in the original plans, or arising from any increase in costs of labor or materials.

L. In event the applicant defaults, the applicant shall pay to the County a reasonable attorney's fee to be fixed by the court, and all actual costs, witness fees, and engineering expenses which the county may incur in any suit or legal proceedings which the County may determine necessary for the purposes of enforcement of or recovery of money under the provisions of this chapter, the terms and conditions of the permit, and the enforcement of any judgment rendered in such suit or legal proceedings.

M. In event the applicant defaults, the applicant shall pay the County interest at the rate of seven percent (7%) per annum from the time any item of County expense mentioned in this section is incurred until the date of payment thereof.

N. The period for commencing actions for enforcement of or recovery of money under provisions of this chapter, and the terms or conditions of the permit is waived effective for a period of four (4) years from the date of expiration of the time limited for commencement of such actions by the Code of Civil Procedure.

O. The place of performance of the obligations of the applicant shall be the county of Kern, State of California.

17.40.160 Delay in completion – Liquidated damages.

A. Inasmuch as it would be impracticable or extremely difficult to fix the actual damage to the public by delay in completion of the relocation and associated work, in the event the work is not completed within the time fixed in the permit, or as extended under


Section 17.40.120, the applicant shall be obligated to the County, as liquidated damages, for each and every day of such delay in the amount of five dollars ($5.00).

B. The liquidated damages so incurred shall be payable to the County by the applicant on demand, and the county counsel is authorized to bring any action necessary for the recovery of same. The County may have or draw on other security for recovery of liquidated damages so incurred, and from time to time.

17.40.170 Obligations. The obligations of the applicant to the County shall be as prescribed by this chapter. The applicant is required to take all measures and to enter into all agreements and to obtain all grants which may be necessary to assure his right and ability to carry out his obligations under this chapter. 17.40.180 Determination of default – Notice. In the event the building official determines that default has occurred in the performance of any of the terms and conditions of the permit, or of the requirements of this chapter, he may give written notice thereof to the applicant. 17.40.190 Default – Form of notice – Service.

A. Such notice may be served in person on the applicant or by ordinary United States mail, postage prepaid and addressed to such person at the address set forth in the application, as the case may be.

B. In the notice of default, the building official shall state the general nature of the work to be done, his estimate of the cost thereof, and he shall specify a time within which such work shall be completed, which shall be such time as he shall determine to be reasonably necessary under the circumstances.

C. The county shall not be required to give any further notice to the applicant of any default of the applicant. 17.40.200 Completion of work by applicant after notice.

A. The applicant shall forthwith comply with such notice and complete the work, the terms and conditions of the permit and the requirement of this chapter within the time specified in such notice, to the reasonable satisfaction of the building official.

B. The applicant may also comply with such notice by dismantling or demolishing said building and removing all parts of the building and all other debris from the site and clearing, cleaning and leveling the site, within the time prescribed in said notice, to the reasonable satisfaction of the building official. 17.40.210 Interference with County.

A. It is unlawful for any person to interfere with or obstruct the authorized officials or representatives of the County of Kern while engaged in inspecting the building or its site, at all times prior to the completion of the work in accordance with this chapter.

B. It is unlawful for any person to interfere with or obstruct the authorized officials or representatives or employees of the County of Kern, or persons contracting with them for such purposes or the employees of such contractors, while engaged in completing such work or dismantling or demolishing such building, after such notice of default has been given to the applicant in the manner provided in this chapter.


17.40.220 Default – Suit or other legal proceedings. If within the time fixed in such notice of default the work has not been completed or the building dismantled or demolished in the manner mentioned in Section 17.40.200, the County shall be entitled to bring a suit or other legal proceedings for the enforcement of, or recovery of any money under, the several obligations of the applicant. 17.40.230 Default – County authority to complete work or demolish building.

A. If within the time fixed in such notice of default the work has not been completed or the building dismantled or demolished in the manner mentioned in Section 17.40.200, the building official may elect to cause the work to be completed or the building to be dismantled or demolished, as a separate and cumulative remedy with respect to that mentioned in Section 17.40.220 of this chapter.

B. The building official shall consider the condition of the building, the cost to complete the required work, and considering the public health, safety and welfare whether it is reasonable that the work should be completed. If the building official determines that it is not reasonable to complete the building, he may cause it to be dismantled or demolished.

C. The cost of the work shall include any additional expenses incurred as mentioned in subsection (J) and (K) of Section 17.40.150 of this chapter.

D. The costs so incurred by the County, together with any other obligations of the applicant, shall be payable to the County on demand, and the county counsel of Kern County is authorized to bring any action necessary for the recovery of any money due from the applicant. 17.40.240 Appeals.

A. Any applicant or permittee who is not satisfied with any decision, action or refusal to act by any officer or employee of the County with respect to the provisions of this chapter may appeal to the Board of Supervisors for relief therefrom.

B. Such appeal shall be in writing, and shall cite the decision or other matter from which relief is sought, state the circumstance which justifies such relief, and identify the officer or employee in question. Such applicant shall also show the address to which notices may be mailed to the appellant, and shall be signed by the appellant or his agent.

C. The Clerk of the Board of Supervisors shall cause notice of hearing on such appeal to be given by mailing a copy of such notice to the appellant, to the building official and to the officer or employee in question.

D. The Board of Supervisors shall, after hearing said matter, by its order sustain, modify or overrule the decision or action of such officer or employee, or direct him to act, and may make or impose such further order, requirement, or condition as the board may deem to be consistent with the purposes of this chapter.


Chapter 17.44 MOBILEHOMES AND ACCESSORY STRUCTURES

Sections:

17.44.010 Applicability. 17.44.020 Administration and enforcement. 17.44.030 Application of local regulations. 17.44.040 Definitions. 17.44.050 Compliance with chapter and other applicable laws – Required. 17.44.060 Unauthorized use. 17.44.070 Special provisions – Mobilehomes. 17.44.080 Special provisions – Commercial coaches. 17.44.090 Correction of hazardous conditions. 17.44.100 Violation – Penalty.

17.44.010 Applicability. This chapter regulates mobilehome use and occupancy and the construction of mobilehome accessory structures in the unincorporated territory of the county of Kern except in mobilehome parks, travel-trailer parks, recreational trailer parks, temporary trailer parks, incidental camping areas and tent camps. To the extent Division 13, Part 2.1 of the State Health and Safety Code and the regulations promulgated thereunder do not provide a standard of construction for mobilehome accessory structures, the requirements of this title apply. 17.44.020 Administration and enforcement. The building inspection department shall administer and enforce the provisions of this chapter, as well as the regulations contained in Chapter 2 of Part 1 of Title 25 of the California Code of Regulations, relating to mobilehomes located outside a mobilehome park, travel-trailer park, recreational trailer park or temporary trailer park, as now in effect or as amended from time to time. 17.44.030 Application of local regulations. The Kern County Code of Building Regulations governs the installation of all facilities and equipment used to supply mobilehomes and their accessory structures with gas, water or electricity thereto, except facilities owned, operated and maintained by a public utility, and including the disposal of sewage or other waste therefrom except in mobilehome parks, travel-trailer parks, temporary trailer parks, recreational trailer parks, incidental camping areas and tent camps. 17.44.040 Definitions. Terms and definitions as used in this chapter shall be as set forth in Chapter 1 of Part 2.1 of Division 13, commencing with Section 18200, of the California Health and Safety Code, and as further set forth in this title. 17.44.050 Compliance with chapter and other applicable laws – Required. It is unlawful for any person, firm, corporation, owner of the land, or possessor to place or allow to be placed or to occupy a mobilehome or to knowingly permit a mobilehome to be


occupied on land in his possession unless said mobilehome and all accessory structures, electrical services and installations, fuel gas systems, sewage disposal systems, and water piping thereto comply with all of the provisions of this chapter in addition to the land use zoning ordinances of the County (Title 19 of this code). 17.44.060 Unauthorized use. Outside a mobilehome park, travel-trailer park, temporary trailer park, recreational trailer park, incidental camping area or tent camp on land in his possession within the unincorporated area of the County of Kern, it is unlawful for any person to place or allow to be placed, or use, occupy or knowingly permit to be used for occupancy:

A. Dependent mobilehomes. EXCEPTION: Dependent mobilehomes may be placed in dead storage, where allowed under the Kern County Zoning Ordinance, when located on property on which there is an existing conforming use established per provisions of this chapter.

B. Recreational vehicles.

EXCEPTIONS: (1) Recreational vehicles may be placed in dead storage, where allowed

under the Kern County Zoning Ordinance, when located on private property on which there is an existing conforming use established.

(2) Recreational vehicles may be allowed for private recreational use when approved by the Planning Commission or the Board of Supervisors.

C. A mobilehome or recreational vehicle used for industrial, professional or

commercial purposes or occupancy. EXCEPTION: Mobilehomes or recreational vehicles may be granted temporary approval by the building official for construction purposes when located on construction sites on which permits to construct have been issued. Such approval shall be terminated upon completion of construction and the vehicles removed.

D. More than one (1) mobilehome on a single parcel of land. EXCEPTION: More than one (1) mobilehome may be permitted where allowed under the Kern County Zoning Ordinance and where the owner of the property furnishes written evidence that the occupant of a second (2nd) mobilehome is a member of his immediate family and that no rent of any kind is offered or accepted.

E. Any mobilehome, recreational vehicle, or commercial coach unless said

vehicle complies with the Land Use Zoning Ordinance of the County of Kern, and all


accessory structures, electrical services and installations, fuel gas systems, sewage disposal systems, and water piping thereto comply with provisions of this chapter.

F. A mobilehome which has been reinstalled upon the same site upon which a mobilehome had been situated at any time in the past with the intention of reconnecting to existing utilities, without first applying for and receiving a permit to reinstall a mobilehome on such existing site.

G. Mobilehome accessory structures no longer used to serve a mobilehome, where the mobilehome has been removed from the premises, such structures shall be demolished or removed.

EXCEPTION: If a mobilehome accessory structure is made to classify under an appropriate occupancy classification designated by the building official and approved for this use under the Zoning Ordinance, it may remain.

H. Any mobilehome or commercial coach without a valid California State vehicle

license. EXCEPTION: A grace period of thirty (30) days will be allowed in which time a license must be procured or the mobilehome shall be on a permitted permanent foundation system and on the County’s Tax Rolls.

I. Any mobilehome or commercial coach without an insignia of approval issued

by the Department of Housing and Community Development. J. Any mobilehome, recreational vehicle or commercial coach supplied with

liquefied petroleum gas for heating or cooking, unless a minimum height of eighteen (18) inches can be maintained above the surrounding finish grade to the underside of the floor joists, and a minimum height of twelve (12) inches maintained beneath the supporting members of the frame.

EXCEPTION: A mobilehome manufactured after January 1, 1990, with no combustion air and/or other openings from the mobilehome to the underfloor or underside of the mobilehome floor joists and/or floor system is not required to meet the minimum height requirements of eighteen (18) inches above the surrounding finish grade and may be recessed.

17.44.070 Special provisions – Mobilehomes. A. Electrical Service. Electrical service for a mobilehome and accessory

structures shall be calculated on the basis of one hundred percent (100%) demand factor. If the demand is below one hundred (100) amperes, then the minimum service shall be rated at one hundred (100) amperes, three (3) wire 120/240 volts, and shall be provided with proper protective devices as required by the load.

B. Storage of Unoccupied Mobilehomes. The provisions of this chapter shall not be construed to prohibit the storage of any unoccupied mobilehome upon land with the consent of the owner of such land; provided, however, that such mobilehome may not be connected to any electrical, fuel gas, water or sewage disposal system, and shall not be used for storage; and further provided that the floor area of the mobilehome included with the area of all existing buildings and structures on the parcel of land does not exceed the


maximum percentage of lot coverage permitted in the zoning regulations for that particular parcel of land or is not in conflict with the land use zoning regulations.

C. Location. No mobilehome, travel-trailer or mobilehome accessory structure being used for habitation shall be located closer than five (5) feet from a property line.

D. Access. Each mobilehome site shall have an access road, clear and unobstructed, of not less than fifteen (15) feet in width to a public street.

17.44.080 Special provisions – Commercial coaches.

A. Construction Standards. A commercial coach used for human occupancy shall comply with the requirements for construction, fire safety, exits, light, ventilation, sanitary facilities, location, use and occupancy as required by Title 25 and the Kern County code of building regulations. Commercial coaches shall be approved by the Director of the Planning Department for compliance with the Kern County Zoning Ordinance.

B. Floor Space. Floor space of commercial coach units connected in multiples shall not exceed the basic floor space permitted for the occupancy, in accordance with the allowable floor space for Type V-B Construction, Table 503 of the California Building Code as adopted into the Kern County Code of Building Regulations.

C. Location. Commercial coaches shall be located in accordance with the requirements of the California Building Code, as adopted into the Kern County code of building regulations or provisions in the Kern County Zoning Ordinance, if they are more stringent.

D. Temporary Sanitary Facilities. Temporary sanitary facilities shall be permitted only with the approval of the county health officer.

E. Grounding. All exposed metal parts of the commercial coach shall be effectively grounded.

F. Insignia. The commercial coach shall bear an insignia of approval issued by the Department of Housing and Community Development, and the coach shall not be altered in any way that would void such insignia.

17.44.090 Correction of hazardous conditions. A mobilehome owner shall not suffer nor allow his mobilehome to attain a state of disrepair or to constitute a hazardous condition. If a hazardous condition or state of disrepair of a mobilehome occurs pertaining to a structural, plumbing, mechanical or electrical installation which is not corrected immediately upon demand of the building official, the installation or its utilities and power sources may be ordered to be disconnected by the building official. 17.44.100 Violation – Penalty. The penalties for violation of any provision of this chapter shall be as established under the Kern County Code of Building Regulations.


Chapter 17.48 FLOODPLAIN MANAGEMENT

Sections:

Article I. General Provisions 17.48.010 Statutory authorization. 17.48.020 Short title. 17.48.030 Findings of fact. 17.48.040 Statement of purpose. 17.48.050 Methods of reducing flood losses. 17.48.060 Definitions. 17.48.070 Lands to which this chapter applies. 17.48.080 Basis for establishing the areas of special flood hazard. 17.48.090 Compliance. 17.48.100 Abrogation and greater restrictions. 17.48.110 Interpretation. 17.48.120 Warning and disclaimer of liability. 17.48.130 Severability. Article II. Administration 17.48.140 Establishment of development permit. 17.48.150 Fees. 17.48.160 Designation of the floodplain administrator. 17.48.170 Duties and responsibilities of the floodplain administrator. 17.48.180 Permit review. 17.48.190 Use of other base flood data. 17.48.200 Alteration of water courses. 17.48.210 Information to be obtained and maintained. 17.48.220 Interpretation of hazard boundary locations. 17.48.230 Action to remedy violations. Article III. Provisions for Flood Hazard Reduction 17.48.240 Standards of construction. 17.48.250 Anchoring. 17.48.270 Elevations and floodproofing. 17.48.280 Standards for utilities. 17.48.290 Standards for subdivisions. 17.48.300 Standards for manufactured homes. 17.48.310 Standards for recreational vehicles. 17.48.320 Floodways. 17.48.330 High hazard areas. 17.48.340 Mudslide (i.e., mudflow) hazard areas. 17.48.350 Flood-related erosion hazard areas.


Article IV. Variance Procedure 17.48.360 Nature of variances. 17.48.370 Authority and conditions to grant variances. 17.48.380 Special definitions. 17.48.390 Grounds for granting a variance. 17.48.400 General provisions for variances. 17.48.410 Procedure for filing and processing application for a variance. 17.48.420 Fixing date of hearing – Notice of hearing. 17.48.430 Conduct of hearing – Decision. Article V. Appeals 17.48.440 Authority to consider appeals. 17.48.450 Special definitions. 17.48.460 Grounds for granting appeal and related policies. 17.48.470 Procedure for filing and processing appeal. 17.48.480 Fixing date of hearing – Notice of hearing. 17.48.490 Conduct of hearing – Decision. 17.48.500 Procedure.

Article I. General Provisions 17.48.010 Statutory authorization. The Legislature of the State of California, has in Government Code Sections 65302, 65560, and 65800, conferred upon local government units authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. 17.48.020 Short title. This chapter may be cited as the Kern County Floodplain Management Ordinance. 17.48.030 Findings of fact.

A. The flood hazard areas of unincorporated Kern County are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.

B. These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately flood proofed, elevated, or otherwise protected from flood damage, also contribute to the flood loss.

17.48.040 Statement of purpose. It is the purpose of this chapter to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed:


A. To protect human life and health; B. To minimize expenditure of public money for costly flood control projects; C. To minimize the need for rescue and relief efforts associated with flooding

and generally undertaken at the expense of the general public; D. To minimize prolonged business interruptions; E. To minimize damage to public facilities and utilities such as water and gas

mains, electric, telephone, and sewer lines, streets and bridges located in areas of special flood hazard;

F. To help maintain a stable tax base by providing for the secondary use and development of areas of special flood hazard so as to minimize future blight areas;

G. To ensure that potential buyers are notified that property is in an area of special flood hazard;

H. To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions; and

I. To comply with the requirements of the National Flood Insurance Program Regulations, Parts 59 and 60 of Title 44 of the Code of Federal Regulations hereinafter referred to as the National Flood Insurance Regulations. 17.48.050 Methods of reducing flood losses. In order to accomplish its purposes, this chapter includes methods and provisions for:

A. Restricting or prohibiting uses which are dangerous to health, safety, and property loss due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;

B. Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

C. Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;

D. Controlling filling, grading, dredging, and other development which may increase flood damage; and

E. Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas.

17.48.060 Definitions. Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.

1. “Accessory use” means a use which is incidental and subordinate to the principal use of the parcel of land on which it is located.

2. “Alluvial fan” means a geomorphologic feature characterized by a cone or fan-shaped deposit of boulders, gravel, and fine sediments that have been eroded from mountain slopes, transported by flood flows, then deposited on the valley floors, and which is subject to flash flooding, high velocity flows, debris flows, erosion, sediment movement and deposition, and channel migration.

3. “Apex” means the point of highest elevation on an alluvial fan, which on undisturbed fans is generally the point where the major stream that formed the fan emerges from the mountain front.


4. “Appeal” means a request for a review of the floodplain administrator's interpretation of any provision of this chapter or a request for a variance.

5. “Area of shallow flooding” means an area designated A, AO or AH Zone on the Flood Insurance Rate Map (FIRM), or an area identified by the Floodplain Administrator. The base flood depths have either not been determined (A Zone), they range from one to three feet (AO or AH Zone), or a depth has been established by the Floodplain Administrator; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

6. Area of special flood hazard. See “Special flood hazard area.” 7. “Backfill” means the placement of fill material within a specified depression,

hole or excavation pit below the surrounding adjacent ground level as a means of improving flood water conveyance or to restore the land to the natural contours existing prior to excavation.

8. “Base flood” means the flood having a one percent (1%) chance of being equaled or exceeded in any one (1) given year (also called the one hundred (100) year flood).

9. “Base flood elevation” means the water surface elevation of the base flood at a given location.

10. “Basement” means any area of the building having its floor subgrade (below ground level) on all sides.

11. “Building.” See “Structure.” 12. “Building official” means the Director of the Resource Management Agency of

the County of Kern or his/her designee. 13. “Certification” by a registered professional engineer or other party does not

constitute a warranty or guarantee of performance, expressed or implied. Certification of data is a statement that the data is accurate to the best of the certifier's knowledge. Certification of analyses is a statement that the analyses have been performed correctly and in accordance with sound engineering practices. Certification of structural works is a statement that the works are designed in accordance with sound engineering practices to provide protection from the base flood. Certification of as built conditions is a statement that the structure(s) has been built according to the plans being certified, is in place, and is fully functioning.

14. “Critical feature” means an integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised.

15. “Curvilinear line” means the border on either a Flood Hazard Boundary Map or Flood Insurance Rate Map that delineates the special flood, mudslide (i.e., mudflow), and/or flood-related erosion hazard areas and consists of a curved or contour line that follows the topography.

16. “Development” means any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling operations, or storage of equipment or materials.

17. “Encroachment” means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures, or development into a floodplain which may impede or alter the flow capacity of a floodplain.


18. “Erosion” means the process of the gradual wearing away of land masses. This peril is not per se covered under the National Flood Insurance Program.

19. “Existing manufactured home park or subdivision” means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.

20. “Expansion to an existing manufactured home park or subdivision” means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

21. “Fill” means the placement of fill material at a specified location to bring the ground surface up to a desired elevation.

22. “Fill material” can be natural sand, dirt, soil, or rock. For the purposes of floodplain management, fill material may include concrete, cement, soil cement, brick, or similar material as approved by the floodplain administrator on a case-by-case basis.

23. “Flood, flooding, or flood water” means: (1) a general and temporary condition of partial or complete inundation of normally dry land areas from (a) the overflow of flood waters, (b) the unusual and rapid accumulation or runoff of surface waters from any source, and/or (c) mudslides (i.e., mudflows) which are proximately caused by flooding as defined in paragraph (1)(b) of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current; and (2) the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in paragraph (1)(a) of this definition.

24. “Flood Boundary and Floodway Map (FLOODWAY)” means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of flood hazard and the floodway.

25. “Flood elevation determination” means a determination by the Federal Insurance Administrator of the water surface elevations of the base flood, that is, the flood level that has a one percent (1%) or greater chance of occurrence in any given year.

26. “Flood elevation study” means an examination, evaluation, and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation, and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards.

27. “Flood Hazard Boundary Map (FHBM)” means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated the areas of flood hazard.

28. “Flood Hazard Evaluation” means an official report provided by the floodplain administrator that includes, but is not limited to, the elevation requirement, depth of footing requirement, and Certification of Elevation requirement for any building permits issued by the building official in a special flood hazard area.


29. “Flood Insurance Rate Map (FIRM)” means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

30. “Flood Insurance Study” means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Insurance Rate Map (FIRM), the Flood Boundary Floodway Map (FBFM), and the water surface elevation of the base flood.

31. “Flood protection system” means those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the area within a community subject to a special flood hazard and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees, or dikes. These specialized flood modifying works are those constructed in accordance with sound engineering standards.

32. “Floodplain administrator” means the individual appointed to administer and enforce the floodplain management regulations.

33. “Floodplain or flood-prone area” means any land area susceptible to being inundated by water from any source (see definition of “flooding”).

34. “Floodplain management” means the operation of an overall program of corrective and preventive measures for reducing flood damage, including, but not limited to, emergency preparedness plans, flood control works, and floodplain management regulations as administered by various Federal, State and County Agencies.

35. “Floodplain management regulations” mean the zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as the Floodplain Management Ordinance or Grading Code), and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

36. “Floodproofing” means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

37. “Flood-related erosion” means the collapse or subsidence of land caused by the flow of water from a severe storm, or by an unanticipated force of nature, such as a flash flood, or by some similarly unusual and unforeseeable event which results in flooding.

38. Floodway” means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height, usually one foot. In some instances, the cumulative increase allowed for the Floodway may be less than one (1) foot. Also referred to as “regulatory floodway” or “designated floodway.”

39. “Floodway encroachment line” means the lines marking the limits of floodways on federal, state, and local floodplain maps.

40. “Floodway fringe” means the area of a floodplain on either side of the designated floodway where encroachment may be permitted.

41. “Freeboard” means a factor of safety usually expressed in feet above a flood level for purposes of floodplain management. Freeboard tends to compensate for the many unknown factors that could contribute to flood heights greater than the height


calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed.

42. “Habitable floor” means any floor usable for living purposes, which includes working, sleeping, eating, recreation, or a combination thereof. For floodplain management regulation purposes, Habitable Floor and Lowest Floor will share the same definition.

43. “High hazard area” means those portions on the alluvial fan subject to active erosional and depositional conditions. These areas are where the flood hazard potential is too severe for standard economic flood protection plans.

44. “Highest adjacent grade” means the highest natural elevation of the ground surface prior to construction, upstream and next to the proposed walls of a structure.

45. “Historic structure” means any structure that is: (1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or (4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: (a) by an approved state program as determined by the Secretary of the Interior, or (b) directly by the Secretary of the Interior in states with approved programs.

46. “Landfill” means a permitted location for the disposal, placement, or dumping of garbage, trash, debris, junk, or waste material.

47. “Levee” means a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding.

48. “Levee system” means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accord with sound engineering practices.

49. “Lowest floor” means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this chapter.

50. “Manufactured home” means a structure, transportable in one (1) or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term manufactured home does not include a recreational vehicle.

51. “Manufactured home park or subdivision” means a parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for sale or rent.

52. “Market Value” shall be determined by estimating the cost to replace the structure in new condition and adjusting that cost figure by the amount of depreciation that has accrued since the structure was constructed. The cost of replacement of the structure shall be based on a square foot cost factor determined by reference to a building cost estimating guide recognized by the building construction industry. The amount of


depreciation shall be determined by taking into account the age and physical deterioration of the structure and functional obsolescence as approved by the floodplain administrator, but shall not include economic or other forms of external obsolescence. Use of replacement costs or accrued depreciation factors different from those contained in recognized building cost estimating guides may be considered only if such factors are included in a report prepared by an independent professional appraiser and supported by a written explanation of the differences.

53. “Mean sea level” means, for the purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929, or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.

54. “Mudslide” (i.e., mudflow) describes a condition where there is a river, flow, or inundation of liquid mud down a hillside usually as a result of a dual condition of loss of brush cover and the subsequent accumulation of water on the ground preceded by a period of unusually heavy or sustained rain.

55. “New construction” means, for floodplain management purposes, structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by this community and includes any subsequent improvements to such structures.

56. “New manufactured home park or subdivision” means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community.

57. “Nonresidential building” means and includes, but is not limited to, small business concerns, churches, schools, nursing homes, farm buildings (including grain bins and silos), government buildings, mercantile structures, industrial plants, and warehouses.

58. “Obstruction” means and includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation, or other material in, along, across, or projecting into any watercourse which may alter, impede, retard, or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water or its likelihood of being carried downstream.

59. “One hundred year flood” or “100-year flood” means a flood which has a one percent annual probability of being equaled or exceeded in any given year. It is identical to the base flood, which will be the term used throughout this chapter.

60. “Person” means and includes any individual or his agent, firm, group of individuals, partnership, association or corporation, or agent of the aforementioned groups, or any other entity including the State or its agencies or political subdivisions.

61. “Principal structure” means a structure used for the principal use of the property as distinguished from an accessory use.

62. “Recreational vehicle” means a vehicle which is: (1) built on a single chassis; (2) four hundred (400) square feet or less when measured at the largest horizontal projection; (3) designed to be self-propelled or permanently towable by a light duty truck; and (4) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. For floodplain management


purposes, the term recreational vehicle also includes, but is not limited to, park trailers, travel trailers, and other similar vehicles.

63. “Remedy a violation” means to bring the structure or other development into compliance with State or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing State or Federal financial exposure with regard to the structure or other development.

64. “Riverine” means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

65. “Scour depth” means the distance below prevailing ground resulting from the erosive action of running water which temporarily or permanently excavates and carries away material from the prevailing ground or channel bed during flooding.

66. “Sheet flow area.” See “Area of shallow flooding.” 67. “Special flood hazard area (SFHA)” means an area having special flood or

flood-related erosion hazards, and shown on an FHBM or FIRM as Zone A, AO, A1-30, AE, A99, AH, or identified by the floodplain administrator.

68. “Start of construction” means and includes substantial improvement and other proposed new development, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within one hundred eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slabs or footings, the installation of piles, the construction of columns, or any work beyond the state of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds, not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

69. “Structure” means a roofed building with one or more walls, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.

70. “Substantial damage” means damage of any origin sustained by a structure whereby the cost of restoring the structure by reconstruction, rehabilitation, addition, or other improvement to its before damage condition equals or exceeds fifty percent (50%) of the market value of the structure before the damage occurred.

71. “Substantial improvement” means any repair, reconstruction, rehabilitation, addition, or other proposed new development or improvement the cumulative replacement cost (including but not limited to materials and labor) of which equals or exceeds fifty percent (50%) of the current market value of the structure before the start of construction of the initial improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. This term does not, however,


include any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.

72. “Variance” means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter.

73. “Violation” means the failure of a structure or other development to be fully compliant with this ordinance. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this ordinance is presumed to be in violation until such time as that documentation is provided.

74. “Water surface elevation” means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum, where specified) for floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

75. “Watercourse” means a lake, river, creek, stream, wash, arroyo, channel, or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.

17.48.070 Lands to which this chapter applies. This chapter shall apply to all areas of special flood hazards, areas of flood-related erosion hazards, and areas of mudslide (i.e., mudflow) hazards within the jurisdiction of unincorporated Kern County. 17.48.080 Basis for establishing the areas of special flood hazard. The areas of special flood hazard, areas of flood-related erosion hazards, and areas of mudslide (i.e., mudflow) hazards are as listed below:

A. Those identified by the Federal Insurance Administration (FIA) of the Federal Emergency Management Agency (FEMA) in the scientific and engineering report entitled Flood Insurance Study, Kern County, California, Unincorporated Areas dated September 27, 1994, with accompanying Flood Insurance Rate Maps and Flood Boundary and Floodway Maps, and all subsequent amendments and/or revisions.

B. Those included in the Department of Water Resources, Division of Flood Management, State of California, Reclamation Board, Kern River Designated Floodway Maps for the following reaches:

1. Tupman to Golden State Highway, April 19, 1976. 2. Tupman to Tulare Lake, November 12, 1976. 3. Golden State Highway to Lake Isabella Dam, June 20, 1978. 4. Lake Isabella to Tulare County, November 19, 1981. 5. Lake Isabella to Sequoia National Forest, November 19, 1981.

C. Those included on parcel and tract maps within unincorporated Kern County. D. Those flood hazard studies prepared by, or for, the floodplain administrator.

The flood, erosion, and mudslide hazards identified by the above maps and/or studies are hereby adopted by reference and declared to be a part of this chapter. These maps and/or studies are on file at the office of the floodplain administrator as established in Section 17.48.160. These maps and/or studies may be revised and amended from time to time and shall go into effect thereafter pursuant to the provisions of the applicable federal, state, or local law.


As a basis for establishing areas of special flood, erosion, and mudslide hazards other than those listed above and imposing the flood protection requirements of this chapter, the floodplain administrator, as established in Section 17.48.160, or his authorized agent, shall obtain, review, and reasonably utilize the best flood data available from any source (federal, state, or other), such as high water marks, floods of record, or private engineering studies, maps, and reports. 17.48.090 Compliance. No structure or land shall hereafter be constructed, located, extended, converted, altered, or substantially improved nor shall land be graded for development without full compliance with the terms of this chapter and other applicable regulations. Violation of the requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Nothing herein shall prevent the floodplain administrator from taking such lawful action as is necessary to prevent or remedy any violation. 17.48.100 Abrogation and greater restrictions. This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. 17.48.110 Interpretation. In the interpretation and application of this chapter, all provisions shall be:

A. Considered as minimum requirements; B. Liberally construed in favor of the governing body; and C. Deemed neither to limit nor repeal any other powers granted under State

statutes. 17.48.120 Warning and disclaimer of liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the areas of special flood hazards, areas of flood-related erosion hazards, and areas of mudslide (i.e., mudflow) hazards, or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of Kern County, any officer or employee thereof, or the Federal Insurance Administration, Federal Emergency Management Agency, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder. 17.48.130 Severability. This chapter and the various parts thereof are hereby declared to be severable. Should any section of this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole or any portion thereof other than the section so declared to be unconstitutional or invalid.


Article II. Administration 17.48.140 Establishment of development permit. A development permit shall be obtained before any construction or other development begins within any area of special flood hazards, areas of flood-related erosion hazards, or areas of mudslide (i.e., mudflow) established in Section 17.48.080. Application for a development permit shall be made on forms furnished by the floodplain administrator and may include, but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions, and elevation of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required:

A. Proposed elevation in relation to mean sea level of the lowest floor (including basement) of all structures; in areas of shallow flooding, the elevation of highest adjacent upstream grade and proposed elevation of lowest floor of all structures;

B. Proposed elevation in relation to mean sea level to which any structure will be floodproofed;

C. All appropriate certifications listed in Section 17.48.210 of this chapter; and D. Description of the extent to which any watercourse will be altered or relocated

as a result of proposed development. 17.48.150 Fees. Subject to approval by the Board of Supervisors, the floodplain administrator may adopt and charge a reasonable schedule of fees for flood hazard evaluations, flood hazard evaluation updates, certification of elevation, variance to flood requirement, appeal to higher authority, and for the performance of special services by the Engineering and Survey Services Department in administering and enforcing this title. 17.48.160 Designation of the floodplain administrator. The director of the Resource Management Agency or authorized designee agent acting in the director's behalf is hereby appointed to administer and implement this chapter by granting or denying development permits in accordance with its provisions. 17.48.170 Duties and responsibilities of the floodplain administrator. The duties and responsibilities of the floodplain administrator shall include, but not be limited to those set out in Sections 17.48.180 through 17.48.230. 17.48.180 Permit review.

A. Review of all permits to determine that the permit requirements of this chapter have been satisfied;

B. All other state and federal permits required to fulfill the purpose of Section 17.48.040 have been obtained;

C. The site, subdivision or other proposed new development is reasonably safe from flooding; and

D. The proposed development does not adversely affect the carrying capacity of the special flood hazard area. For purposes of this chapter, in areas where Floodways have not been designated, adversely affects means that the cumulative effect of the proposed development, when combined with all other existing and anticipated


development, will increase the water surface elevation of the base flood more than one foot at any point. See also Section 17.48.320 (Floodways).

17.48.190 Use of other base flood data. When base flood elevation data has not been provided in accordance with Section 17.48.080, the floodplain administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state, or other source, in order to administer Article III. Any such information shall be subject to review and approval by the floodplain administrator. 17.48.200 Alteration of watercourses. Whenever a watercourse is to be altered or relocated:

A. Notify adjacent communities and the California Department of Water Resources prior to such alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration, Federal Emergency Management Agency;

B. Require that the flood carrying capacity of the altered or relocated portion of said watercourse be maintained.

17.48.210 Information to be obtained and maintained. Obtain and maintain for public inspection and make available as needed:

A. The certification required in Section 17.48.270(A) (floor elevations); B. The certification required in Section 17.48.270(B) (elevations in areas of

shallow flooding); C. The certification required in Section 17.48.270(C) (elevation or floodproofing

of nonresidential structures); D. The certification required in Section 17.48.270(D) (wet floodproofing

standard); E. The certification required in Section 17.48.290(B) (subdivision standards); F. The certification required in Section 17.48. 320(A) (floodway encroachments); G. The certification required in Section 17.48.330(A) (high hazard areas); H. The reports required in Section 17.48.340 (mudslide areas). I. The information required in Section 17.48.350 (flood-related erosion hazard

areas). 17.48.220 Interpretation of hazard boundary locations: Make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazards, areas of flood-related erosion hazards, or areas of mudslide (ie., mudflow); (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Article V . 17.48.230 Action to remedy violations. Take action to remedy violations of this chapter as specified in Section 17.48.090 herein.

Article III. Provisions for Flood Hazard Reduction.


17.48.240 Standards of construction. In all areas of special flood hazard, the following standards set out in Sections 17.48.250 through 17.48.350 are required. 17.48.250 Anchoring.

A. All new construction, substantial improvements and other proposed new development shall be adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

B. All manufactured homes shall meet the anchoring standards of Section 17.48.300.

17.48.260 Construction materials and methods.

A. All new construction, substantial improvements and other proposed new development shall be constructed with materials and utility equipment resistant to flood damage.

B. All new construction, substantial improvements and other proposed new development shall be constructed using methods and practices that minimize flood damage.

C. All new construction, substantial improvements and other proposed new development shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

D. Require within special flood hazard areas adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures. 17.48.270 Elevations and floodproofing.

A. Except for areas of shallow flooding, new construction, substantial improvement and other proposed new development of any structure in a special flood hazard area shall have the lowest floor, including basement, elevated one foot above the base flood elevation. Nonresidential structures may meet the standards in Section 17.48.070 (C). Qualifying uninhabitable attached garages or storage rooms and accessory structures (such as a shed or detached garages) may meet the elevation requirements of Section 17.48.270 (E). Certification of the lowest floor elevation shall be provided in accordance with Appendix Chapter 1, Section 109.3.3 of the California Building Code. Upon completion of the structure, the elevation of the lowest floor, including basement and top of platform of equipment or machinery servicing the building, shall be certified by a registered professional engineer, architect, or licensed land surveyor, or verified by the building official to be properly elevated. Such certification or verification shall be provided to the Floodplain Administrator.

B. For areas of shallow flooding, new construction, substantial improvement and other proposed new development of any structure in a special flood hazard area shall have the lowest floor, including basement, elevated at least one (1) foot above the shallow flooding depth or depth number specified in feet on the Flood Insurance Rate Map (FIRM), or at least two (2) feet if no depth number is specified. The elevation is to be measured


from the highest adjacent grade upstream of the structure. Nonresidential structures may meet the standards in Subsection 17.48.270(C). Qualifying uninhabitable attached garages or storage rooms and accessory structures (such as a shed or detached garage) may meet the requirements of Subsection 17.48.270(E). Certification of the lowest floor shall be provided in accordance with Section Appendix Chapter 1, Section 109.3.3 of the California Building Code as adopted. Upon the completion of the structure, the elevation of the lowest floor, including basement and top of platform of equipment or machinery servicing the building, shall be certified by a registered professional engineer, architect, or licensed surveyor, or verified by the building official to be properly elevated. Such certification or verification shall be provided to the floodplain administrator.

C. Nonresidential construction shall either be elevated in conformance with Subsections 17.48.270(A) or (B) of this section or, together with attendant utility and sanitary facilities:

1. Be flood proofed one (1) foot above the base flood level so that the structure is watertight with walls substantially impermeable to the passage of water;

2. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and

3. Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certifications shall be provided to the floodplain administrator. D. Require, for all new construction, substantial improvement and other

proposed new development, that fully enclosed areas below the lowest floor that are usable solely for the parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood water. Designs for meeting this requirement must be either certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:

1. Either a minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding (as indicated by the elevation requirements of this section) shall be provided, the bottom of the openings shall be no higher than one (1) foot above grade (openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwater); or

2. Be certified to comply with a local floodproofing standard approved by the Federal Insurance Administration, Federal Emergency Management Agency. E. For an uninhabitable attached garage or storage room on a residential

structure usable solely for parking of vehicles, building access or storage in an area other than a basement, or for accessory structures (such as a shed or detached garage), not representing a significant investment as determined by the floodplain administrator in exercise of his reasonable discretion, may be allowed to have the finished floor of the attached garage, storage room or accessory structure built below the base flood elevation without floodproofing, provided that conditions shall be imposed relating to the construction and use of such accessory structure, as follows:

1. Such structure shall be firmly anchored to prevent flotation, collapse, or lateral movement which may result in damage to other property.


2. Such structure shall be constructed with materials resistant to flood damage.

3. Such structure shall be constructed with utilities, if any (e.g., electrical, plumbing, etc.), resistant to flood damage. Utilities, if any, should be elevated or flood proofed.

4. Such structure shall be constructed by methods and practices that minimize flood damage. The structure should be constructed and placed on the building site so as to offer the minimum resistance to the flow of flood waters.

5. The structure shall not be used for human habitation, including, but not limited to, placement of laundry facilities, workshops, or other similar uses. F. Manufactured homes shall also meet the standards in Section 17.48.300.

17.48.280 Standards for utilities.

A. All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from systems into flood waters.

B. On-site waste disposal systems shall be designed and located to avoid impairment to them, or contamination from them, during flooding.

C. Other utilities are addressed at 17.48.260 and 17.48.290.

17.48.290 Standards for subdivisions. A. All preliminary subdivision proposals shall identify the flood hazard areas and

the elevation of the base flood consistent with this chapter. B. All final subdivision plans will provide the elevations of proposed structure(s),

and grading for pads. If the site is filled above the base flood elevations, the final pad elevation shall be certified by a registered professional engineer or surveyor and the certification provided to the floodplain administrator.

C. All subdivision proposals shall: 1. be consistent with the need to minimize flood damage; and 2. have public utilities and facilities, such as sewer, gas, electrical, and

water systems, located and constructed to minimize flood damage; and 3. provide adequate drainage to reduce exposure to flood hazards.

17.48.300 Standards for manufactured homes.

A. All manufactured homes that are placed or substantially improved within a special flood hazard area either outside of a manufactured home park or subdivision, in a new manufactured home park or subdivision, in an expansion to an existing manufactured home park or subdivision or in an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage as the result of a flood shall:

1. Be elevated on a permanent foundation such that the top of the steel frame is one (1) foot above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist floatation, collapse, and lateral movement, or

2. If the manufactured home is to be placed on an earth pad, the finished pad elevation shall be one (1) foot above the base flood elevation and the manufactured home must be securely anchored to an adequately anchored foundation system to resist floatation, collapse, and lateral movement.


B. All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision in a special flood hazard area that are not subject to the provisions of Subsection 17.48.300(A) shall be securely anchored to an adequately anchored foundation system to resist floatation, collapse, and lateral movement and elevated so that either;

1. The top of the steel frame, or the top of the finished pad when an earth pad is used to meet the elevation requirements, is one (1) foot above the base flood elevation, or

2. The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty-six (36) inches in height above grade.

17.48.310 Standards for recreational vehicles. All recreational vehicles placed on sites within areas of special flood hazard will either:

A. Be on site for fewer than one hundred eighty (180) consecutive days; B. Be fully licensed and ready for highway use; or C. Meet the permit requirements of Article III of this chapter and the elevation

and anchoring requirements for manufactured homes in Section 17.48.300. 17.48.320 Floodways. Located within areas of special flood hazard, established in Section 17.48.080, are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply:

A. Prohibit encroachments, including fill, new construction, substantial improvements, and other proposed new development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.

B. If Subsection 17.48.320(A) is satisfied, all new construction, substantial improvements, and other proposed new development shall comply with all other applicable flood hazard reduction provisions of this chapter.

17.48.330 High hazard areas. Located within areas of special flood hazard on alluvial fans, established in Section 17.48.080, are well-defined watercourses and overflow channels which are designated as severe flood hazard areas. Since the severe flood hazard area is an extremely hazardous area due to the severe and erratic lateral and vertical erosion potential from high velocity flood waters, the following provisions apply:

A. Prohibit encroachments, including fill, new construction, substantial improvements, and other proposed new development unless any flood protection measures are designed and certified by a registered professional engineer or architect as providing adequate slope, scour, and elevation protection, and that any encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge within the severe flood hazard area.

B. If Subsection 17.48.330(A) is satisfied, all new construction, substantial improvements, and other proposed new development shall comply with all other applicable flood hazard reduction provisions of this chapter.


17.48.340 Mudslide (i.e., Mudflow) hazard areas.

A. The floodplain administrator shall review permits for proposed construction or other proposed new development to determine if it is proposed within a mudslide area as known to the community.

B. Permits shall be reviewed to determine that the proposed development is reasonably safe from mudslide hazards. Factors to be considered in making this determination include, but are not limited to:

1. The type and quality of soils; 2. Evidence of groundwater or surface water problems; 3. The depth and quality of any fill; 4. The overall slope of the site; and 5. The weight that any proposed development will impose on the slope.

C. Within areas which have mudslide hazards, the following requirements apply: 1. A site investigation and further review shall be made by persons

qualified in geology and soils engineering; 2. Proposed new development shall be adequately designed and

protected against mudslide damages; 3. The proposed grading, excavations, new construction, substantial

improvements, and other proposed new development do not aggravate the existing hazard by creating either on-site or off-site disturbances; and

4. Drainage, planting, watering, and maintenance shall not endanger slope stability.

17.48.350 Flood-related erosion hazard areas.

A. The floodplain administrator shall review all permits for proposed construction and other proposed new development within all flood-related erosion hazard areas as known to the community.

B. Such permits shall be reviewed to determine whether the proposed site alterations and improvements will be reasonably safe from flood-related erosion and will not cause flood-related erosion hazards or otherwise aggravate the existing hazard.

C. If a proposed improvement is found to be in the path of flood-related erosion or would increase the erosion hazard, such improvement shall be relocated or adequate protective measures shall be taken to avoid aggravating the existing erosion hazard.

Article IV. Variance Procedure 17.48.360 Nature of variances. The variance criteria set forth in this Article are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. In general, a properly issued variance is granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this chapter would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners.


It is the duty of the Board of Supervisors of Kern County and the floodplain administrator to help protect its citizens from flooding. This need is so compelling, and the implications of the cost of insuring a structure built below flood level are so serious that variances from the flood elevation or other requirements in this chapter are quite rare. Therefore, the variance guidelines provided in this chapter are more detailed and contain multiple provisions that must be met before a variance can be properly granted. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate. 17.48.370 Authority and conditions to grant variances. The floodplain administrator is empowered to grant variances from the terms of one or more regulations in this chapter in the following cases:

A. Variances may be issued for new construction, substantial improvements and other proposed new development to be erected on a lot of one-half (1/2) acre or less in size which is contiguous to and surrounded by lots with existing structures constructed below the regulatory flood elevation, providing that the procedures of Articles II and III of this chapter have been fully considered. As lot size increases beyond one-half (1/2) acre, the technical justification required for issuing the variance increases.

B. Variances may be issued for the repair or rehabilitation of Historic Structures (as defined in Article I of this chapter) upon determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character of the structure.

C. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

D. Variances may be issued for new construction, substantial improvement and other proposed new development necessary for the conduct of a functionally dependent use provided that the provisions of Subsections 17.48.370(A) through (C) and Subsection 17.48.390(B) are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.

Upon consideration of the factors of Subsection 17.48.390(A) and the purposes of this chapter the floodplain administrator may impose other reasonable conditions on any variance mentioned in this section as deemed necessary to further the purposes of this chapter.

17.48.380 Special definitions. For the purpose of this article, certain terms and words are defined as provided in this section:

A. “Applicant” means a person who has applied for a development permit or for approval of a subdivision map, parcel map, or variance.

B. “Application” means an application for a variance under this section. C. “Board” means the Board of Supervisors of Kern County. D. “Clerk” means the Clerk of the Board. E. “Fraud and victimization” means that the variance granted must not cause

fraud on or victimization of the public. In examining this requirement, the floodplain administrator will consider the fact that every newly constructed building adds to


government responsibilities and remains a part of the community for fifty (50) to one hundred (100) years. Buildings that are permitted to be constructed below the elevation requirements of Section 17.48.260 are subject during all those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger, and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates.

F. “Hardship” means the hardship that would result from a failure to grant the requested variance. The floodplain administrator requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as exceptional hardships. All of these problems can be resolved through other means, without granting a variance. This is so even if the alternative means are more expensive or complicated than building with a variance, or if they require the property owner to put the parcel to a different use than originally intended, or to build elsewhere.

G. “Minimum necessary” means the minimum necessary to afford relief to the applicant of a variance with a minimum deviation from the requirements of this chapter. In the case of variances to an elevation requirement, this means the floodplain administrator need not grant permission for the applicant to build at grade, for example, or even to whatever elevation the applicant proposes, but only to that level that the floodplain administrator believes will both provide relief and preserve the integrity of this chapter.

H. “Public Safety” and “Nuisances” means the granting of a variance must not result in additional threats to public safety or create nuisances. This ordinance is intended to help protect the health, safety, well-being, and property of local citizens. This is a long range community effort made up of a combination of approaches such as adequate drainage systems, warning and evacuation plans, and keeping new property above the flood levels. These long-term goals can only be met if exceptions to the requirements of this chapter are kept to a bare minimum.

I. “Responsible Authority” means the officer or body with the duty of issuing any permit or rendering any approval required under this chapter which is subject to the regulations as to which a variance is sought. 17.48.390 Grounds for granting variance.

A. In passing upon an application for a variance, the floodplain administrator shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and:

1. The danger that materials may be swept onto other lands to the injury of others;

2. The danger of life and property due to flooding or erosion danger; 3. The susceptibility of the proposed facility and its contents to flood

damage and the effect of such damage on the existing individual owner and future owners of the property;

4. The importance of the services provided by the proposed facility to the community;

5. The availability of alternative locations for the proposed use which are


not subject to flooding or erosion damage; 6. The compatibility of the proposed use with existing and anticipated

development; 7. The relationship of the proposed use to the comprehensive plan and

floodplain management program for that area; 8. The safety of access to the property in time of flood for ordinary and

emergency vehicles; 9. The expected heights, velocity, duration, rate of rise, and sediment

transport of the flood waters expected at the site; 10. The costs of providing governmental services during and after flood

conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water system, and streets and bridges. B. The applicant for a variance shall show at the hearing thereon and before

granting a variance, the floodplain administrator shall find: 1. That there is a good and sufficient cause for variance. 2. That failure to grant the variance would result in exceptional hardship

to the applicant. 3. That the granting of such variance and any construction, improvement,

development, or other action which may be undertaken under it will not: a. Result in any increased flood heights, additional threats to the

public safety, or extraordinary public expense; b. Create any nuisance; c. Cause fraud on or victimization of the public; or d. Conflict with any other ordinance or regulation of the County of

Kern. 4. That the extent of the variance is the minimum necessary to afford

relief, considering the flood hazard. C. It is recognized that, under Section 60.6(a)(6) of the National Flood Insurance

Program Regulations, the County is required to make a biennial report, or as requested by the Federal Insurance Administrator, and report therein any variances which have been granted, and that said Administrator is empowered to review the findings justifying the granting of variances, and that if said Administrator determines that such variances show a pattern inconsistent with the objectives of sound floodplain management, said Administrator may take action under Section 59.24(b) of said Regulations to suspend eligibility of this County from the National Flood Insurance Program.

D. It is also recognized that, under Section 60.6(a) of said Regulations, the issuance of a variance is only for the purposes of application of the floodplain management regulations in this chapter, and that flood insurance rates are determined by statute according to actuarial risk and will not be modified by the granting of a variance, and that construction of a structure below the regulatory flood elevation, or otherwise inconsistently with the objectives of sound floodplain management, may result in flood insurance premium rates on such structure beyond the means of its owner, which are not modified by the granting of a variance.

E. For the reasons mentioned in Subsections (C) and (D) above, it shall be the policy of Kern County to give the provisions of this chapter a conservative construction and application, with the objective of avoiding, wherever feasible, the granting of any variance which would be inconsistent with the objectives of sound floodplain management or which


may result in rendering residents of Kern County ineligible for flood insurance or which might place flood insurance beyond the means of the owner of a structure constructed under such variance. 17.48.400 General provisions for variances.

A. If an application for a variance is filed before the responsible authority has acted on a related application for development permit, subdivision map, or parcel map, it shall not make a decision thereon nor issue such permit or approve such map until the floodplain administrator has made his determination with respect to the variance. By filing such application for variance, the applicant shall be deemed to have consented to extension of the time within which action is required to be taken on such application for permit or map for a period of at least thirty (30) days from and after the date of the floodplain administrator's determination with respect to the variance.

B. An application for a variance may be filed prior to the filing of an application for a development permit or submission of proposed subdivision map or parcel map, but in such case, the applicant for the variance shall furnish with the application for variance such information as the floodplain administrator may deem sufficient, in his reasonable discretion, to permit him to fully understand the application for variance and its effect in the context of the proposed development or subdivision, including, but not confined to, environmental information.

C. If the floodplain administrator determines that insufficient information has been provided to comply with any rules adopted pursuant to subsection (D) below or to permit him to fully understand the application for variance and its effect in the context of the proposed development or subdivision (including, but not confined to, its environmental effect), he is empowered to make an order requiring the applicant to furnish such information and to delay or continue the hearing until a reasonable time after such information has been furnished.

D. The floodplain administrator may, from time to time, adopt reasonable rules relating to the information to be furnished by the applicant for a variance.

17.48.410 Procedure for filing and processing application for variance. An application shall be filed and processed in the following manner:

A. An application for a variance shall be filed with the floodplain administrator and shall be in writing on such form as the floodplain administrator may, from time to time, approve.

B. An application shall be signed by the applicant or his authorized agent. C. The application shall identify the regulation or regulations as to which the

variance is applicable and shall briefly state the facts which give rise to a good and sufficient cause for the variance. The application shall set forth the address for purposes of giving notice and the telephone number of the applicant or his authorized agent. 17.48.420 Fixing date of hearing; Notice of hearing.

A. The floodplain administrator shall fix a date and time for hearing on such variance which shall be within fifteen (15) days after the filing of such application unless the applicant consents to a delay or continuance.


B. The floodplain administrator shall cause notice to be given of the date, time, and place of the hearing on such application for variance at least one (1) week prior thereto as follows:

1. By mailing a copy of such notice by ordinary U.S. mail to the address set forth in the application;

2. By mailing a copy of such notice to any person who has requested it and who has furnished the floodplain administrator with a stamped, pre-addressed envelope for such purpose;

3. By sending a copy of such notice to any other responsible authority; and

4. By posting a copy of such notice on the bulletin board adjacent to the Chambers of the Board. C. As an alternative to the notice required by subparagraphs (1), (2), or (3) of

this section, the floodplain administrator may give such notice by causing personal delivery of a copy to the person entitled thereto not less than seventy-two (72) hours before the time fixed for hearing. 17.48.430 Conduct of hearing; Decision.

A. The floodplain administrator shall hear the application for variance and consider evidence presented by the applicant, the responsible authority, and any interested person at the time and place fixed in the notice for hearing.

B. With consent of the applicant, the floodplain administrator may continue the hearing from time to time.

C. Within fifteen (15) days after conclusion of the hearing, the floodplain administrator shall declare his findings and decision and shall promptly transmit and post copies of same in the manner provided for notices in Subsection 17.48.420(B) above.

D. If the variance is granted, the floodplain administrator shall also send to the applicant, in the manner mentioned in Section 17.48.420(C) above, a notice over the signature of the floodplain administrator that:

1. The issuance of a variance to construct a structure below the regulatory flood elevation will result in increased premium rates for flood insurance up to amounts as high as twenty-five dollars ($25) for one hundred dollars ($100) of insurance coverage;

2. Such construction below the regulatory flood elevation increases risk to life and property; and

3. Any other relevant information prescribed by the floodplain administrator; and

4. A copy of such notice shall be maintained with the record of the variance action mentioned in paragraph (E) following.

5. A copy of such notice shall be recorded by the floodplain administrator in the Office of the Kern County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land. E. The floodplain administrator shall maintain a record of all variance actions by

the floodplain administrator or by the Board of Supervisors in connection with any appeal to it relating to a variance. Such record shall include the findings or other justifications for issuance of each variance. The floodplain administrator shall also report each variance


issued in the annual report submitted to the Federal Insurance Administration, Federal Emergency Management Agency.

F. Action or non-action of the floodplain administrator on an application for variance shall be subject to appeal under Article V.

Article V. Appeals 17.48.440 Authority to consider appeals. The Board of Supervisors is empowered to hear appeals and grant relief thereon as provided in this article. 17.48.450 Special definitions. For the purpose of this article, certain terms and words are defined as provided in this paragraph:

A. Appeal means a request for a review of the floodplain administrator's interpretation of any provision of this chapter including the application for a hearing on appeal as well as the appeal process.

B. Applicant means a person who has applied for a development permit or for approval of a subdivision map, parcel map, or variance.

C. Board means the Board of Supervisors of Kern County. D. Responsible Authority means the officer or body with the duty of issuing any

permit or rendering any approval or which has a duty, power, or discretion under this chapter, which is subject of the appeal. 17.48.460 Grounds for granting appeal and related policies.

A. The appellant shall show at the hearing thereon, and before granting relief on appeal the Board shall find:

1. Interpretation by the responsible authority of one or more regulations mentioned in this chapter was unreasonable or arbitrary; or

2. Action taken or a decision by the responsible authority under this chapter was unreasonable or arbitrary; or

3. Failure to act by the responsible authority pursuant to this chapter was unreasonable or arbitrary. B. The Board may refuse to grant relief on appeal with respect to any matter

which should have been preliminarily considered under Article IV as a variance application. 17.48.470 Procedure for filing and processing appeal.

A. Any applicant who is dissatisfied with any action, decision, or non-action of a responsible authority may appeal to the Board at any time. Any interested person adversely affected by any decision of a responsible authority may appeal to the Board within fifteen (15) days after such decision.

B. Each appeal shall be filed with the responsible agency and shall be in writing on such form as the Board may, from time to time, approve or if none, then on a form prescribed by the responsible authority.


C. Each appeal shall be signed by the appellant or his authorized agent. D. The appeal shall identify the application for development permit or the

subdivision or parcel map as to which issuance or approval is sought and shall identify the regulation which relates thereto and shall briefly state the facts which give rise to good and sufficient cause for granting relief on appeal. The appellant shall set forth the address for purposes of giving him notice and the telephone number of the appellant or his authorized agent.

E. If in addition to the responsible authority with which the appeal is filed, the action or non-action of any other responsible authority is also subject to such appeal, the appeal shall identify each such other responsible authority, in which case the one with which such application is filed shall promptly send a copy of it to each such other responsible authority. The Board is empowered to refuse to grant any appeal relating to the action or non-action of a responsible authority if the appeal failed to identify it.

F. The responsible authority shall promptly forward such appeal to the Clerk.

17.48.480 Fixing date of hearing; Notice of hearing. The Clerk shall fix a date and time for a hearing on such appeal which shall be within fifteen (15) days after the filing of the appeal or at the next succeeding regular meeting of the Board after fifteen (15) days unless the applicant and appellant (if one other than the applicant) join in consent to a delay or continuance. If the Clerk fails to fix a date and time for hearing, the Board shall do so. The Clerk shall cause notice to be given of the date, time, and place of the hearing on the appeal at least one (1) week prior thereto, as follows:

A. By mailing a copy of such notice to the appellant at the address set forth in the appeal, by ordinary U.S. mail;

B. By mailing a copy of such notice to the applicant (if one other than the appellant) by ordinary U.S. mail;

C. By mailing a copy of such notice to any person who has requested it and who has furnished the Clerk with a stamped, pre-addressed envelope for such purposes; and

D. By posting a copy of such notice on the bulletin board adjacent to the Chambers of the Board.

17.48.490 Conduct of Hearing – Decision.

A. The Board shall hear the appeal and consider evidence presented by the appellant, the responsible authority, and any interested person at the time and place fixed in the notice of hearing.

B. With the consent of the appellant, the Board may continue the hearing from time to time.

C. Within fifteen (15) days after conclusion of the hearing, the Board shall declare its findings, if any, and decision. The Clerk shall promptly transmit and post copies of same in the manner provided for notices in Section 17.48.480.

D. If relief on appeal is granted, the floodplain administrator shall send to the applicant, in the manner mentioned in Subsection 17.48.420(C), a notice over the signature of the floodplain administrator that:

1. The issuance of a variance to construct a structure below the regulatory flood elevation will result in increased premium rates for flood insurance up to amounts as high as twenty-five dollars ($25) for one hundred dollars ($100) of insurance coverage;


2. Such construction below the regulatory flood elevation increases risk to life and property; and

3. Any other relevant information prescribed by the floodplain administrator; and

4. A copy of such notice shall be maintained with the record of the variance action mentioned in subparagraph (D) following.

5. A copy of such notice shall be recorded by the floodplain administrator in the Office of the Kern County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land. D. The Clerk shall maintain a record of all actions taken by the Board on

appeals. 17.48.500 Precedence. This chapter shall take precedence over less restrictive conflicting ordinances or parts of ordinances. The Board of Supervisors of the County of Kern may, from time to time, amend this chapter to reflect any and all changes in the statutes authorizing the National Flood Insurance Program that are incorporated in 42 U.S.C. Sections 4001 through 4128 or in the National Flood Insurance Program Regulations. The regulations of this chapter are intended to be in compliance with the National Flood Insurance Program Regulations, Parts 59 and 60 of Title 44 of the Code of Federal Regulations.


Chapter 17.52 ENERGY CODE

Sections:

17.52.010 Short title. 17.52.020 Energy Code – Adopted. 17.52.030 Amendments, additions and modifications.

17.52.010 Short Title. This Chapter may be cited as the "Kern County Energy Code." 17.52.020 Energy Code – Adopted. The California Energy Code, 2007 Edition, as modified and amended by this chapter, is adopted by this reference into the Kern County Building Code. 17.52.030 Amendments, additions and modifications. The climate zone designation in the Kern River Valley, below the elevation of 3500 feet, shall be classified as Climate Zone 13. This includes all or portions of, but not limited to, Lake Isabella, Bodfish, Wofford Heights, Kernville, Mountain Mesa, Weldon, Onyx, Canebrake, and Kelso Valley. BD:wl #84597 02.2750 cc20022086

code of building regulations - kern county, ca ... · pdf filethe code of building regulations...

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